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Swami Sadashiva Brahmendra Sar (Nil)     27 May 2009

Isurer's right to appeal

Overruling two judge decision in United India Assurance Co. Ltd. v. Bhushan Sachdeva, 2002 AIR SCW 273 : AIR 2002 SC 662, a three judge bench in National Insurance Co. Ltd., Chandigarh, Appellant v. Nicolletta Rohtagi and others held that even if no appeal is preferred under Section 173 of 1988 Act by an insured against the award of a Tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as finding as regard negligence or contributory negligence of the offending vehicle, unless the conditions precedent specified in S. 170 of 1988 Act is satisfied.


Is there any subsequent change in above legal position?



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