United India Insurance Co. Ltd vs Vimla Vyas & Ors
2009 Latest Caselaw 1456 Del

28
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       FAO No.189/1995

                              Date of Decision: 17th April, 2009
%

      UNITED INDIA INSURANCE CO. LTD      ..... Appellant
                     Through : Mr. Pankaj Seth, Adv.

                  versus

      VIMLA VYAS & ORS           ..... Respondents
                    Through : None.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may             No
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?            No

3.      Whether the judgment should be                    No
        reported in the Digest?


                       JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.1,15,000/- has been

awarded to the claimants. The challenge to the impugned

award is on the quantum of compensation. However,

learned counsel for the appellant submits that there is no

permission under Section 170 of the Motor Vehicles Act,

1988.

2. In the absence of permission under Section 170 of the

Motor Vehicles Act, 1988, the present appeal is not

maintainable.

3. Reference in this regard be made to the judgments by

the Apex Court in the cases of National Insurance Co. Ltd.

vs. Nicolletta Rohtagi, (2002) 7 SCC 456 and

Shankarayya vs. United India Insurance Co. Ltd.,

(1998) 3 SCC 140 where it has been held that in the

absence of defence as envisaged under Section 170 of the

Motor Vehicles Act being taken over by the insurance

company, the appeal filed by the insurance company is not

maintainable.

4. In view of the above stated legal position, the appeal

filed by the insurance company is not maintainable.

5. The appeal is, therefore, dismissed.

6. No costs.

J.R. MIDHA, J

APRIL 17, 2009 mk