M/S United India Insurance Co. ... vs Mohinder Singh & Ors.
2009 Latest Caselaw 1731 Del

40
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +      MAC.APP.9/2009

                                  Date of Decision: 28th April, 2009
%

      M/S UNITED INDIA INSURANCE CO. LTD. ..... Appellants
               Through : Mr. Udit Kumar Chaturvedi, Adv.
                          for Mr. A.K. De, Adv.

                     versus

      MOHINDER SINGH & ORS.          ..... Respondents
              Through : Mr. Navneet Goyal, Adv. R-1.


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.8,64,530/- has been

awarded to claimant/respondent No.1.

2. The accident dated 14th April, 2001 resulted in grievous

injuries to claimant/respondent No.1. The

claimant/respondent No.1 was getting down from the bus

bearing No.DL-1PA-5478 at the bus stop when the driver

suddenly moved the bus due to which claimant/respondent

No.1 fell down and his left leg was crushed under the rear

wheel of the bus resulting in fracture of left leg and ankle

joint. The disability suffered by the claimant was assessed at

25%.

3. The appellant has challenged the quantum of

compensation awarded to the claimant. However, the

appellant admits that they had not taken the permission

from the learned Tribunal under Section 170 of the Motor

Vehicles Act.

4. It is well settled that in the absence of the defence

taken over under Section 170 of the Motor Vehicles Act, the

insurance company cannot maintain the appeal on the

quantum of compensation. Reference in this regard be made

to the judgments by the Hon'ble Supreme 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 the Hon'ble

Supreme Court has clearly 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 cannot be

maintained.

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

filed by the insurance company is not maintainable.

6. Notwithstanding the bar of Section 170 of the Motor

Vehicles Act, the compensation awarded by the learned

Tribunal is just, fair and reasonable and, therefore, no case is

made out even on merits.

7. For all the aforesaid reasons, the appeal is dismissed.

8. No costs.

J.R. MIDHA, J.

APRIL 28, 2009