United India Insurace Co. Ltd. vs Karan Singh & Ors.
2009 Latest Caselaw 2175 Del

24
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +    MAC.APP. 242/2009

                                      Date of Decision: 20th May, 2009
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      UNITED INDIA INSURACE CO. LTD.      ..... Appellant
                     Through : Mr. A.K. De, Mr. Rajesh and
                               Mr. Udit Kumar Chaturvedi,
                               Advs.

                       versus

      KARAN SINGH & ORS.            ..... Respondents
                    Through : Ms. Purnima Maheshwari,
                              Adv. for R-1 to 5.


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

1.      Whether Reporters of Local papers may                    Yes
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?                   Yes

3.      Whether the judgment should be                           Yes
        reported in the Digest?

                           JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby the compensation of Rs.9,89,000/- has

been awarded to the claimants.

2. The appellant has challenged the quantum of

compensation awarded to the claimants. However, there is

no permission under Section 170 of the Motor Vehicles Act

from the learned Tribunal.

3. It is well settled that the Insurance Company cannot

challenge the quantum of compensation without permission

under Section 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.

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.

4. Notwithstanding the permission under Section 170 of

the Motor Vehicles Act, the amount awarded by the learned

Tribunal is just, fair and reasonable.

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

No costs.

6. Copy of this order be given 'Dasti' to learned counsel

for the parties under signatures of Court Master.

J.R. MIDHA, J

MAY 20, 2009 aj