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Deepal Girishbhai Soni v. United India Insurance Company Limited
Factual and Procedural Background
The Court condoned the delay, granted leave, and heard senior counsel R.F. Nariman for the appellants and counsel for the insurance company. [1][2]
Legal Issues Presented
- Whether the interpretation of section 163-A of the Motor Vehicles Act, 1988, in Oriental Insurance Co. Ltd. v. Hansrajbhai V. Kodala, 2001 ACJ 827 (SC), required reconsideration by a larger Bench. [3]
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Oriental Insurance Co. Ltd. v. Hansrajbhai V. Kodala, 2001 ACJ 827 (SC) | Interpretation of section 163-A of the Motor Vehicles Act, 1988. | The Court concluded that the decision required reconsideration by a larger Bench. [3] |
Court's Reasoning and Analysis
After considering the earlier Supreme Court decision interpreting section 163-A of the Motor Vehicles Act, 1988, the Court determined that its interpretation warranted reconsideration. It therefore directed that the appeals be placed before a three-Judge Bench. [3]
Holding and Implications
REFERRED TO A LARGER BENCH. The appeals are to be listed before a three-Judge Bench for reconsideration of the cited decision. [3]
The order does not finally decide the substantive issue or establish a new rule; its direct effect is to transfer consideration of the appeals to the larger Bench. [3]
G.B.Pattanaik
(1) Delay condoned. Leave granted.
(2) Heard Mr. R.F. Nariman, the learned senior counsel appearing for the appellants and the learned counsel appearing for the insurance company.
(3) Having regard to the decision of this court in Oriental Insurance Co. Ltd. v. Hansrajbhai V. Kodala, 2001 ACJ 827 (SC), interpreting the provisions of section 163-A of the Motor Vehicles Act, 1988, we think the decision requires a reconsideration by a larger Bench and accordingly these appeals be listed before a three Judge Bench. Referred to larger Bench.
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