National Insurane Company Ltd. … vs Smt. Surya Kiran Singh & 4 Ors. on 8 July, 2010

Court No. - 27

Case :- FIRST APPEAL FROM ORDER No. - 376 of 2005

Petitioner :- National Insurane Company Ltd. Thru Manager
Respondent :- Smt. Surya Kiran Singh & 4 Ors.
Petitioner Counsel :- Waquar Hashim
Respondent Counsel :- K.C. Nigam,Manish Mathur,Vidyadhar Upadhyay

Hon'ble Devi Prasad Singh,J.

Hon’ble Dr. Satish Chandra,J.

Heard learned counsel for the parties and perused record.

It has been brought to the notice of this Court that no permission was
accorded by the Tribunal under Section 170 of Motor Vehicles Act, 1988.
Hence in view of law settled by Hon’ble Supreme Court in the judgment
reported in 2003 (3) T.A.C. 293 (S.C.); National Insurance Co. Ltd. vs.
Nicolletta Rohtagi and others, the present appeal is not maintainable.

The appeal is dismissed. The amount deposited in this Court shall be remitted
to the Tribunal forthwith. The appellant shall also deposit rest of amount in
terms of Award before the Tribunal within two months and the Tribunal shall
proceed in terms of Award.

Order Date :- 8.7.2010
Rajneesh)