AMITAVA LALA, J. - (1.) THE appeal has been filed by the Insurance Company challenging the judgment and order dated 11th April, 2008 passed by the concerned Motor Accident Claims Tribunal, Meerut inspite of rejection of the application under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act).
(2.) IT has been contended before this Court that the claimant is husband of the owner of the vehicle, therefore, he is not entitled to claim any compensation from the Insurance Company. Moreover, the compensation for the damage of the vehicle has already been given. We are of the view that if the insurance falls under Section 149(2) of the Act the appeal can be entertained inspite of rejection of the application under Section 170 of the Act. But since we find that the appellant has admitted about the insurance coverage it cannot turn around and take the plea of negligence and quantum in the Court of appeal. If it is aggrieved it can file an application for rectification before the same Tribunal.
(3.) THEREFORE , under such circumstances, we cannot entertain the appeal. Hence, the same is dismissed at the stage of admission without imposing any cost.;