United India Insurance Co. Ltd. vs Karan Singh and Others

J.R. Midha, J.—The appellant has challenged the award of the learned Tribunal whereby the compensation of Rs. 9,89,000/- has been awarded to the claimants.

The appellant has challenged the quantum of compensation awarded to the claimants. However, there is no permission u/s 170 of the Motor Vehicles Act from the learned Tribunal.

It is well settled that the Insurance Company cannot challenge the quantum of compensation without permission u/s 170 of the Motor Vehicles Act. Reference in this regard be made to the judgments by the Hon''ble Supreme Court in the cases of National Insurance Co. Ltd., Chandigarh Vs. Nicolletta Rohtagi and Others, and Shankarayya and Another Vs. United India Insurance Co. Ltd. and Another, where the Hon''ble Supreme Court has clearly held that in the absence of defence as envisaged u/s 170 of the Motor Vehicles Act being taken over by the insurance company, the appeal filed by the insurance company cannot be maintained.

Notwithstanding the permission u/s 170 of the Motor Vehicles Act, the amount awarded by the learned Tribunal is just, fair and reasonable.

For all the aforesaid reasons, the appeal is dismissed. No costs.

Copy of this order be given ''Dasti'' to learned Counsel for the parties under signatures of Court Master.