IN THE SUPREME COURT OF INDIA  CIVIL  APPELLATE JURISDICTION

   CIVIL APPEAL NO.5881 OF 2008 (Arising out of SLP(C)No.7714 of 2007)

NATIONAL INSURANCE CO. Appellant(s)

       Versus

AMARJIT KAUR & ORS.  Respondent(s)

O R D E R

Leave granted.

One of the questions which arose for consideration before the learned

Motor Vehicles Claims Tribunal was as to whether the vehicle in question was

insured with the appellant–Insurance Company or not.   

It was contended that Truck No. HR-03 1213 was insured and not the

Truck No. HR-03 1215.  Respondent Nos. 5 and 6 have filed a counter affidavit

before us annexing therewith the xerox copy of the Cover Note.  From a perusal it

appears that the truck in question, namely, Truck No. HR-03 1215 was insured

with the appellant.  It also appears from the Award of the learned Tribunal that

appellant  before  us  had  filed  a  separate  written  statement.  Admittedly  the

contention raised herein had not  

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been raised before the Tribunal.  The High Court, in that view of the matter,

refused to go into such contention and, in our opinion, rightly.   

The second contention raised by the learned counsel that the claim

petition filed under Section 166 and Section 163A of the Motor Vehicles Act, 1988

was  not maintainable.  Learned counsel may be correct, but, from a perusal of the

Award of the learned Tribunal it appears that it proceeded on the basis that the

claim petition was filed under Section 166 of the Act and not under Section 163A

thereof.   Only because  the  claimant  has  mentioned  both  the  aforementioned

provisions, the same would not warrant our interference,  if the correct procedure

for disposal  of  the claim petitions  have been followed.  We are, therefore,  not

inclined to interfere with the Award as also with the impugned judgment of the

High Court.

This appeal is accordingly, dismissed.  

              ....................J.         (S.B. SINHA)

                          .....................J.             (CYRIAC JOSEPH)

New Delhi, September 26, 2008.