D.R.DESHMUKH,J. - (1.)HEARD on admission.
(2.)IN this appeal, as admitted by the learned counsel for the appellant/ insurer, only the quantum of compensation of Rs.5,38,200/- awarded by the Additional Motor Accidents Claims Tribunal, Katghora, Dist. Korba (henceforth 'the Tribunal') vide order dated 17.04.2008 passed in claim case No. 169/2007 is under challenge.
It is not disputed by the learned counsel for the appellant that permission under Section 170 of the Motor Vehicles Act, 1988 (for short 'the Act') to contest the claim on grounds available to the owner of the vehicle was not granted to the appellant/insurer.

(3.)UNDER Section 149(2) of the Act, an insurer is entitled to defend the action initiated by the claimants on grounds enumerated in sub-section (2) of Section 149 of the Act and on no other ground. Thus, the insurer can avoid its liability only on the statutory defences, which are available to the insurer under Section 149(2) of the Act. Section 170 of the Act carves an exception to this and upon satisfaction that there is collusion between the person making the claim and the person against whom the claim is made or that the person against whom the claim is made has foiled to contest the claim, the Tribunal may, for reasons to be recorded in writing, direct that the insurer, who may be liable in respect of such claim, shall have, without prejudice to the provisions contained in sub-section (2) of Section 149 of the Act, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. Thus, it is only where conditions precedent embodied in Section 170 of the Act are satisfied, the insurer has a right to file appeal challenging the quantum of compensation on negligence awarded by the Tribunal.
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