B.S.Chauhan, J. - (1.) This writ petition has been filed by the insurance company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (for short, 'the Tribunal') vide award dated 31.5.1999.
(2.) Mr. V.D. Dadhich, learned counsel appearing for the claimants-respondents has raised a preliminary objection regarding maintainability of the writ petition itself contending that the petitioner could have filed an appeal taking leave of the Tribunal under the provisions of section 170 of the Motor Vehicles Act, 1988 (for short, 'the Act, 1988') and in case he has not made any such attempt, his conduct debars him from filing a writ petition for the reason that if the statute provides for a remedy of appeal with a precondition of seeking leave of the Tribunal, writ petition is not maintainable.
(3.) On the other hand, Mr. Mehta, learned counsel for the petitioner, has submitted that the petitioner cannot be deprived of his legitimate right on such technical ground.;