United India Insurance Co. Ltd. … vs Smt. Jai Raji Kishori And 11 Ord on 6 January, 2010

Court No. - 27

Case :- FIRST APPEAL FROM ORDER No. - 596 of 2004

Petitioner :- United India Insurance Co. Ltd. Thru Divisional Manager
Respondent :- Smt. Jai Raji Kishori And 11 Ord
Petitioner Counsel :- Suresh Panjwani
Respondent Counsel :- R.K.Dwivedi,Rajendra Jaiswal

Hon'ble Devi Prasad Singh,J.

Hon’ble S.C. Chaurasia,J.

Heard the learned counsel for the parties.

Admittedly, no permission was obtained by the appellant-Insurance Company
to contest the case in pursuance to the provisions contained in section 170 of
the Motor Vehicle Act and in view the law laid down by the Hon’ble Supreme
Court in the case reported in (2002)7 Supreme Court Cases 456, National
Insurance Co. Ltd. Chandigarh Versus Nicolletta Rohtagi and Others,
the present appeal is not maintainable. It is dismissed accordingly.

The amount deposited shall be released forthwith in favour of the claimants-
respondents. The Tribunal may proceed in accordance to law.

Order Date :- 6.1.2010
AKS