K. G. Balakrishnan, J. - (1.) Leave granted.
(2.) Aggrieved by the order passed by the Division Bench of the Gujarat High Court, the United India Insurance Company has come up in appeal by way of special leave. The appellant was the third respondent in a motor accident claim preferred by respondents 1 to 3 herein, who are legal heirs of one Sudhirbhai Jayrambhai Patel who died in a motor accident on 27-8-1994. Respondents 1 to 3 claimed a total compensation of Rs. 80 lacs and the Motor Accident Claims Tribunal (Special), Vadodra, passed an award for Rs. 32,50,000/- with interest at the rate of 12% per annum from the date of application till realisation. From the impugned judgment of the Tribunal dated 15-5-1999, it appears that the first respondent, the driver of the offending vehicle and the second respondent, the owner of the vehicle appeared before the Tribunal, but did not file any written statement refuting the allegations made in the petition. The Tribunal has stated that these respondents did not step into the witness box to explain the circumstances and the manner in which the actual mishap took place. It was further stated that in view of that, the Tribunal was compelled to draw an adverse inference against them. These observations have been made in paragraph 18 of the judgment of the Tribunal.
(3.) Before the Tribunal, the appellant Insurance Company filed a petition under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) praying that the appellant herein be allowed to contest the proceedings. That application was granted by the Tribunal by a cryptic order; "Granted as prayed for". After the award was passed by the Tribunal, the appellant filed an appeal before the Gujarat High Court impleading the legal heirs of the deceased and also the driver and owner of the offending vehicle as respondents. When the appeal came up for consideration, the Division Bench was of the view that in view of Section 149(2) of the Act, the appeal under Section 179 was not maintainable, especially in view of the observations made by this Court in Shankarayya vs. United India Insurance Co. Ltd., AIR 1998 SC 2968, and the appeal preferred by the appellant was dismissed. Aggrieved by the same, the present appeal is filed by the United India Insurance Company Limited.;