N.N.MITHAL, J. - (1.) In this appeal under S.110-D of the Motor Vehicles Act, an award of the Motor Accident Claims Tribunal has been challenged by the Insurance Company as well as the owner of the vehicle in a joint appeal.
(2.) A preliminary objection has been taken as to the maintainability of the appeal on the ground that a joint appeal by the insurer and the insured is not legally maintainable. It is also urged that no award having been made against the owner of the vehicle. he was not a person aggrieved and as such was not entitled to file the appeal. The claimant's learned counsel seeks support to his submission from a Division Bench decision of this Court in United India Fire and General Insurance Co. Ltd. v. Gulab Chandra Gupta, 1985 Acc CJ 245. In that case, two appeals had been filed against the award of the Motor Accident Claims Tribunal under which the entire amount was made payable by the insurer. One appeal was filed jointly by the owner of the vehicle and the Insurance Company while the other appeal had been filed by the owner of the vehicle alone. The appeal filed by the owner was dismissed on the ground that he was not an aggrieved person since the entire amount payable under the award was to be paid by the Insurance Company only. The joint appeal was also dismissed relying upon Kanti Lal v. Rama Rani Debi, 1980 Acc CJ 501 where a Division Bench of the Calcutta High Court had held that a joint appeal was not maintainable. The Bench of this Court also observed that in view of British India General Insurance Company v. Capt. Itbar Singh, (1958) 65 ACJ 1, the Insurance Company was not entitled to challenge the award on any ground other than those contained in S. 96(2) of the Act.
(3.) The learned counsel for the appellant, however, submits that both the points raised by way of preliminary objection are not sustainable and the contentions are against the provisions of the Act.;