- (1.) Leave granted.
(2.) This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature at Jabal-pur, Madhya Pradesh in M.A. No. 4823 of 2008, dated 1.5.2009, whereby the High Court had dismissed the appeal of appellant on the ground that since it had failed to move an application under section 170 of the Motor Vehicles Act, 1988 (for short, 'the Act'), it was not open to the appellant to challenge the award of the Motor Accidents Claims Tribunal, Hoshangabad (for short, 'the Tribunal') in Claim Case No. 21 of 2008, dated 28.7.2008, except on grounds provided under section 149 of the Act and, therefore, upheld the quantum of compensation as awarded by the Tribunal
(3.) We have heard learned counsel for the parties to the lis.;