A
NATIONAL INSURANCE CO. LTD.
v.
RAM KALI AND ORS.
JANUARY 5, 2004
B
(V. N. KHARE, CJ., D.M. DHARMADHIKARI AND
S.B. SINHA, JJ.]
'f '
Motor Vehicles Act, 1988-Motor accident-Claim for compensation-
c
Compensation awarded by Tribunal despite holding that terms and conditions
of insurance policy violated at the time of accident-High Court confirming
the award despite holding that driving licence of driver of vehicle was fake-
Special leave petition before Supreme Court-Held: Order of courts below
need no interference as in awarding compensation they had exercised discretion
in favour of the claimant-Constitution of India, 1950-Article 136.
D
CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No.
9065 of 2.003.
From the Judgment and Order dated 20. I 2.2002 of the Punjab and
Haryana High Court in F.A.O. No. 5942 of 2002.
E
Pannanand Gaur for the Petitioner.
The Judgment of the Court was delivered
.,
This Special Leave Petition is directed against a judgment and order
F dated 20th December, 2002 passed by the High Court of Punjab and Haryana
at Chandigarh whereby and whereunder the appeal filed by the petitioner
-...
herein questioning an award dated 6-9-2002 made by Motor Accident Claims
•
Tribunal, Fatehabad was dismissed. The High Court has dismissed the
aforementioned appeal inter a/ia on the ground that the driving licence of
the offending vehicle had been found to be fake. The learned Tribunal,
G however, arrived at the finding of fact that the first respondent herein has
violated the terms and conditions of the insurance policy by plying the Maruti
Van on hire/i-eward at the time of accident-.
Y'
The said question, it appears from the impugned judgment of the High
H
Court, was not adverted to before it.
176
>
NATIONAL INSURANCE CO. LTD. v. RAM KALI
177
In view of the fact that both the Tribunal and the High Court had A
exercised their discretion in favour of the claimant. We do not intend to
exercise our discretionary jurisdiction under Article l 36 of the Constitution
of India. Accordingly, this petition is dismissed. No costs.
K.K.T.
Petition dismissed.
Lex