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Whether the principle of ‘Res Judicata’ applies to the proceeding under The Motor Vehicle Act?

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.

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