Siddharth Makranbhai(Minor) vs Rambilam Surajbhan &

In view of the importance of the point involved as to whether the issue raised by the Insurance Company that the deceased was actually driving the car and as such his heirs cannot take benefit of his negligence will be hit by the doctrine of constructive res judicata in view of the fact that in the earlier proceedings under section 140 of the MV Act, the Insurance Company suffered the compensation, and such award has attained finality, I appoint Mr. Mihir Thakore, the learned Senior Advocate as amicus curiae.

Learned advocate for the appellants is directed to provide a copy of the paper-book to Mr. Thakore at the earliest.

(BHASKAR BHATTACHARYA,CJ) mathew Page 2 of 2