IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.4686 of 2009 (O&M)
Date of decision: 17.9.2009
ICICI Lombard General Insurance
Co.Ltd ......Appellant(s)
Versus
Rakesh Chander & others ......Respondent(s)
CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. P.M. Goyal, Advocate for the appellant.
Rakesh Kumar Garg, J.(Oral)
CM No.22251-CII of 2009
For the reasons mentioned in the application, delay of 17 days
in filing this appeal is condoned.
CM stands disposed of.
FAO No.4686 of 2009
This is insurer’s appeal challenging the impugned award
passed by the Motor Accident Claims Tribunal, Bhiwani, only on the
ground that the compensation awarded to the claimants by the Tribunal is
excessive.
Admittedly, the appellant-insurer was not granted permission
by the Tribunal under Section 170 of the Motor Vehicles Act, 1988 to take
all those grounds/defence which are available to the owner and driver of
the vehicle. The ground raised by the learned counsel for the appellant to
challenge the impugned award is not envisaged under Section 149(2) of
the Motor Vehicles Act.
Thus, I find no merit in this appeal.
Dismissed.
September 17, 2009 (RAKESH KUMAR GARG) ps JUDGE