IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL APPEAL NO. 4301  OF 2008 [Arising out of SLP(C) No. 4356/2007]

NEW INDIA ASSURANCE CO. LTD. ... APPELLANT(S)

:VERSUS:

BIKUNTHI DEVI AND ORS. ... RESPONDENT(S) WITH

CIVIL APPEAL NO. 4305  OF 2008 [Arising out of SLP(C) No. 5457/2007]

CIVIL APPEAL NO. 4304  OF 2008 [Arising out of SLP(C) No. 5458/2007]

CIVIL APPEAL NO. 4303  OF 2008 [Arising out of SLP(C) No. 5459/2007]

CIVIL APPEAL NO. 4302  OF 2008 [Arising out of SLP(C) No. 5460/2007]

O R D E R

Leave granted in all the SLPs.

Having heard the learned counsel for the parties  we are of the opinion that

it  was  not  a case warranting dismissal  of the appeals,  preferred by the appellants

herein under Section 173(1) of the Motor Vehicles Act, 1988, in limine.   

Learned counsel for the appellants submits that these matters are covered by

the decisions of this Court in     Smt. Thokchom Ongbi Sangeeta @ Sangi Devi & Anr.

vs. Oriental Insurance  Co.  Ltd.  &  Ors.,  [2007 (12) SCALE 448]   and

-2-

National Insurance Co. Ltd. vs. Cholleti Bharatamma & Ors., [2007 (12) SCALE 560.

Learned counsel appearing on behalf of the respondents on the other hand, submits

that the facts of those cases are not similar to the facts of the instant case, particularly

when at least a few persons were travelling in a truck in the cabin of the driver, who

were owner of the goods.   

We are, therefore, of the opinion that the evidence adduced by the parties

should be considered by the High Court inter alia in the light of the aforementioned

two decisions of this Court. The impugned judgment is, therefore, set aside and the

matter is remitted to the High Court for consideration thereof afresh on merit.

We request the High Court to consider the desirability of disposing of the

appeals as expeditiously as possible, preferably within a period of eight weeks from

the date of communication of this order.   

Till the disposal of the appeals by the High Court, the award passed by the

Motor Accident Claims Tribunal, Karnal,  shall remain stayed.

The appeals are disposed of accordingly.

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

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

NEW DELHI, JULY 10, 2008.