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Josphine James vs. United India Insurance Co. Ltd. & Anr. (SC)

28.00 2.80

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Motor Vehicles Act, 1988–Sec. 170(2)–Challenge to the quantum of compensation by Insurance Company without obtaining the permission u/s. 170(2)–View of High Court that the appeal is the continuation of trial and no permission was required to be obtained–Whether proper ?–Held, no–Decision rendered by three Judges Bench in Nicolleta Rohtagi will be applied and Insurance Company cannot be held entitled for questioning the quantum of compensation–It would have only limited defence provided u/s. 149(2)–Compensation awarded by Tribunal restored.