High Court Punjab-Haryana High Court

Icici Lombard General Insurance vs Rakesh Chander & Others on 17 September, 2009

Punjab-Haryana High Court
Icici Lombard General Insurance vs Rakesh Chander & Others on 17 September, 2009
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