Court No. - 27 Case :- FIRST APPEAL FROM ORDER No. - 296 of 2004 Petitioner :- National Insurance Company Limited Thru B.M. Respondent :- Mohammad Iliyas & 2 Ors. Petitioner Counsel :- Waquar Hashim Respondent Counsel :- Rajendra Jaiswal Hon'ble Devi Prasad Singh,J.
Hon’ble Dr. Satish Chandra,J.
Mr. Waquar Hashim, Learned counsel appearing for the appellant
submits that inadvertently by slip of tongue,, on earlier date, i.e.
8.7.2010, he made the statement that the permission under Section 170
of the Motor Vehicles Act has been granted by the tribunal.
It is unfortunate that the appellant’s counsel has made an incorrect
statement, may be by slip of tongue. In this context, it may be observed
that while appearing before the Court, it is expected that every lawyer
would be ready with each and every aspect of the case and make a
correct statement. Such action on the part of Mr. Hashim is deprecated.
Accordingly, he is warned to be cautious in future.
Admittedly, no permission has been granted by the tribunal under
Section 170 of the Motor Vehicles Act. Hence, in view of the law
settled by Hon’ble Supreme Court in the case reported in 2003(3)
T.A.C. 293(S.C.) National Insurance Company Limited versus
Nicolletta Rohtagi and others, the appeal is not maintainable. It is
accordingly dismissed.
No order as to costs.
Order Date :- 8.7.2010
kkb/