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Supreme Court of India

NEW INDIA ASSURANCE CO. LTD. versus MANJIT KAUR AND ORS.

Decided
5 January 2004
Judges listed
V.N. KHARE (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[2004] 1 S.C.R. 126 · 2004 INSC 11

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The Court's text

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V. N. KHARE, CJ. This Special Leave Petition is directed against judgment and order dated 12112/2002 passed by the High Court of and Haryana at Chandigarh whereby and whereunder it affirmed the passed by Motor Accident Claims Tribunal, Ropar in Case No. 8.12.2000. The question raised in the Special Leave Petition is as to whether in view of the finding of the Learned Tribunal that the driver of the Car was not holding a driving licence and paiticularly when he happened be the owner of the vehicle, the learned Tribunal as well as the High committed an error in passing the impugned judgment.

p. 126, margin A

Keeping in view of the fact that both the Tribunal and the High had recorded that the Petitioner would be entitled to realise the amount compensation as assessed from the driver of the offending vehicle, we do not A intend to exercise our discretionary jurisdiction under Article 136 of the Constitution of India, particularly, having regard to our decision in SLP (Civil) No. 9027 of 2003, National Insurance Co. ltd. v. Swaran Singh and Ors. we do not intend to exercise our discretionary jurisdiction in the matter.

pp. 126–127, margin G

The Petition is dismissed. K.K.T. Petition dismissed.

p. 127