Whether the principle of ‘Res Judicata’ applies to the proceeding under The Motor Vehicle Act?
It is elaborated in case of Prakash Chandra Biswas V. New India Assurance Co. Ltd. & Anr. [reported in AIR 2010 Calcutta 19] that the principle of Res judicata also applies in Motor Accident Claim cases. It has been held that when award passed under Section-140 of the M. V. Act and no appeal preferred either by owner or insurer against such award, then the question of involvement of the vehicle cannot again be re-opened in proceedings u/s.166 of the Act at instance of either owner or insurer.
