Motor Vehicles Act, 1988, Section 149(2)

Motor Vehicles Act, 1988—Section 149(2)—Statutory notice—Held, when a statutory notice is issued under section 149(2) by the tribunal, it is clear that such notice is issued not to implead the insurer as a party-respondent but merely to put it on notice that a claim has been made in regard to a policy issued by it and that it will have to bear the liability as and when an award is made in regard to such claim. 


File Name:- SC_MARCH 2012_6

Motor Vehicles Act, 1988, Section 149(2)

Motor Vehicles Act, 1988—Section 149(2)—Whether the insurer can contest a motor accident claim on merits, in particular, in regard to the quantum, in addition to the grounds mentioned in section 149(2) of the Act for avoiding liability under the policy of insurance?—Held, although the contention has considerable force but since it may come in conflict with the decision in National Insurance Co. Ltd., Chandigarh vs. Nicolletta Rohtagi and Ors., - 2002 (7) SCC 456, matter referred to larger bench.

File Name:- SC_MARCH 2012_6