S.K.Sen, C.J. - (1.) We have heard Mr. A.B. Saran, the learned Advocate for the appellant. We are of the view that in view of the decision of the Supreme Court in Shankarayya v. United India Insurance Co. Ltd., 1998 ACJ 513 (SC), wherein it has been held that unless permission is obtained under section 170 of the Motor Vehicles Act, 1988, the insurance company cannot file appeal against the award of Tribunal on merits of the claim. In the instant appeal the claim is based purely on merits and, as such, we are of the view that the aforesaid judgment of the Supreme Court specifically applies in the instant case. The appeal is held to be non-maintainable and is liable to be dismissed.
(2.) In the matter of same insurance company (Oriental Insurance Co. Ltd.), a Division Bench of Calcutta High Court of which one of us (Hon'ble S.K. Sen, C.J.) was a party, in the case of Oriental Insurance Co. Ltd. v. Gurdial Singh, 2001 ACJ 94 (Calcutta), took the same view following the aforesaid decision of the Supreme Court in the case of Shankarayya, 1998 ACJ 513 (SC). We do not find any reason to take a different view in the instant case.
(3.) Mr. Saran, learned Advocate for the appellant has, however, argued that the claim is not covered by the policy. We are of the view that this argument is purely based on merits and as such the decision of the Supreme Court noted above applies with full force.;