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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL     APPEAL     NO.7632       OF     2012   (SPECIAL LEAVE PETITION(C.)NO.10128 OF 2006)

NATIONAL INSURANCE CO. LTD. ...APPELLANT

                VERSUS

SMT. MANJU MAJUMDER & ANR.         ...RESPONDENTS

W     I     T     H   

C.A.NO.7633 OF 2012 @ S.L.P.(C)NO.10130/2006

C.A.NO.7634 OF 2012 @ S.L.P.(C)NO.10132/2006

C.A.NO.7635 OF 2012 @ S.L.P.(C)NO.10133/2006

C.A.NO.7636 OF 2012 @ S.L.P.(C)NO.10315/2006

C.A.NO.7637 OF 2012 @ S.L.P.(C)NO.16460/2006

C.A.NO.7638 OF 2012 @ S.L.P.(C)NO.10390/2006

C.A.NO.7639 OF 2012 @ S.L.P.(C)NO.10217/2006

C.A.NO.7640 OF 2012 @ S.L.P.(C)NO.20966/2006

C.A.NO.7641 OF 2012 @ S.L.P.(C)NO.15699/2008

AND     WITH      

CIVIL     APPEAL     NO.1889/2008   

O     R     D     E     R   

1. Delay condoned.

2. Leave granted in all the Special Leave Petitions.

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C.A.     Nos.arising     out     of     SLP     Nos.:     10128/2006,     10130/2006,    10132/2006     10133/2006,     10315/2006,     16460/2006,     10390/2006,    10217/2006

1. These appeals are directed against the common judgment  

and order dated 03.03.2006 passed by the High Court of  

Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and  

Arunachal Pradesh in Writ Petition No.7008 of 2005, 7278  

of 2004, 2556 of 2005, 3208 of 2005, 4619 of 2004, 3181 of  

2000, 3336/2001 and 2105 of 2005 whereby the High Court  

has dismissed the appeals.   

2. We have heard learned counsel for the parties to the  

lis.

3. The issues raised in these appeals, in our view, is no  

more res integra, in view of the decision of this Court in  

the case of United     Insurance     Co.     Ltd.   Vs. Shila     Datta     &    

Ors, reported in (2011) 10 SCC 509.  

4. Following the observations made in the aforesaid  

decision, these appeals are disposed of.  We set aside the  

impugned judgment and order passed by the High Court and  

remand the matters to the High Court.

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5. We request the High Court to restore the appeals to  

its file and decide the same on merits and in accordance  

with law after issuing appropriate notice to both the  

parties in each case.

Ordered accordingly.

C.A.     Nos.arising     out     of     SLP     NO.     20966/2006   

1. This appeal is directed against the judgment and order  

dated 13.07.2006 passed by the High Court of Assam,  

Nagaland, Meghalaya, Manipur, Tripura, Mizoram and  

Arunachal Pradesh in C.R.P. No.29/2006 whereby the High  

Court has dismissed the review petition.

2. We have heard learned counsel for the parties to the  

lis.

3. The issues raised in this  appeal, in our view, is no  

more res integra, in view of the decision of this Court in  

the case of United     Insurance     Co.     Ltd.   Vs. Shila     Datta     &    

Ors, reported in (2011) 10 SCC 509.  

4. Following the observations made in the aforesaid  

decision, this appeal is disposed of.  We set aside the  

impugned judgment and order passed by the High Court and

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remand the matter to the High Court.

5. We request the High Court to restore the appeal to its  

file and decide the same on merits and in accordance with  

law after issuing appropriate notice to both the parties  

in each case.

Ordered accordingly.

C.A.     Nos.arising     out     of     SLP     NO.SLP     NO.     15699/2008   

1. This appeal is directed against the judgment and order  

dated 25.02.2008 passed by the High Court of Delhi in MAC  

APP No.164/2004 whereby the High Court has dismissed the  

appeal of the petitioner.

2. We have heard learned counsel for the parties to the  

lis.

3. The issues raised in this appeal, in our view, is no  

more res integra, in view of the decision of this Court in  

the case of United     Insurance     Co.     Ltd.   Vs. Shila     Datta     &    

Ors, reported in (2011) 10 SCC 509.  

4. Following the observations made in the aforesaid

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decision, this appeal is disposed of.  We set aside the  

impugned judgment and order passed by the High Court and  

remand the matter to the High Court.

5. We request the High Court to restore the appeal to its  

file and decide the same on merits and in accordance with  

law after issuing appropriate notice to both the parties  

of the case.

Ordered accordingly.

C.A.     NO.     1889/2008   

1. This appeal is directed against the judgment and order  

dated 10.10.2007 passed by the High Court of Delhi in MAC  

APP No.265/2007 whereby the High Court has dismissed the  

appeal of the petitioner.

2. We have heard learned counsel for the parties to the  

lis.

3. The issues raised in this appeal, in our view, is no  

more res integra, in view of the decision of this Court in  

the case of United     Insurance     Co.     Ltd.   Vs. Shila     Datta     &    

Ors, reported in (2011) 10 SCC 509.  

4. Following the observations made in the aforesaid

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decision, this appeal is disposed of.  We set aside the  

impugned judgment and order passed by the High Court and  

remand the matter to the High Court.

5. We request the High Court to restore the appeal to its  

file and decide the same on merits and in accordance with  

law after issuing appropriate notice to both the parties  

of the case.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; OCTOBER 19, 2012