Court No. - 34 Case :- FIRST APPEAL FROM ORDER No. - 126 of 1998 Petitioner :- The New India Assurance Col. Ltd. Respondent :- Chandra Lekha & Others Petitioner Counsel :- K.S.Amist Respondent Counsel :- Surendra Singh,Arvind Kumar,R.C. Gupta,R.S.Parihar Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
Heard learned counsel for the parties at length.
This appeal has been preferred by the insurance company on the
ground of quantum although no permission under section 170 of
the Motor Vehicles Act, 1988 has been obtained which,
according to us, is not maintainable in view of the judgement
reported in AIR 2002 SC 3350 (National Insurance Co. Ltd.,
Chandigarh Vs. Nicolleta Rohtagi and others). Therefore, the
appeal can not be admitted and is dismissed at the stage of
admission without imposing any cost. However, the entire
amount shall be paid by the appellant to the claimants
respondents within a period of one month from today.
It is further directed that the statutory deposit, if any, made
before this Court for preferring this appeal be remitted back to
the concerned Motor Accidents Claims Tribunal as
expeditiously as possible in order to adjust the same with the
amount of compensation to be paid to the claimants.
Order Date :- 6.1.2010
RKS/