Himachal Pradesh Court August 2000 Judgments

United India Insurance Co. Ltd. Vs. Nirmala Chauhan and anr.

Court: Himachal Pradesh

Reported in: I(2001)ACC225,2001ACJ1089

Kuldip Chand Sood, J. 1. Two important questions of law which arise in these three petitions are:(i) Whether an application for restitution under Section 144 of the Code of Civil Procedure would be maintainable in a case arising out of an award made under Section 168 of the Motor Vehicles Act, 1988 ('Act' for short), in spite of the remedy available under Section 174 of the Act?(ii) Whether such petition is maintainable before the appellate court which modified the award of the Tribunal? 2. To appreciate the points involved, it is necessary to notice the relevant facts.3. This court, vide a common judgment dated 5.8.1999, disposed of three above noted appeals and modified the award of the Motor Accidents Claims Tribunal to the extent that appellant insurance company (United India Insurance Co. Ltd.), was absolved of its liability to pay the amount of compensation holding that it is the respondent, owner of the vehicle, who is liable to pay the entire amount of compensation.4. The execu...