- (1.) By this order, the preliminary objection raised in S.B. Civil Misc. Appeal Nos. 3367/17, 3371/17 and 3372/17 by learned counsel for the claimants is being decided.
(2.) The claimants have raised a preliminary objection that the Insurance Company has filed appeal against the impugned award dated 22.06.2017 passed by the Motor Accident Claims Tribunal, Jodhpur in case No. 13/2015 and also challenged the quantum of compensation award by the Tribunal in favour of the claimants but the appellant Insurance Company has not obtained permission to file appeal under the provisions of Section 170 of the Motor Vehicle Act and without permission being granted, the appeal filed by the Insurance Company is not maintainable.
(3.) Learned counsel for the respondent-claimants relied upon the following judgments which are as under: (1) British India General Insurance Co. Ltd. v. Captain Itbar Singh and others reported in 1958-65 ACJ 1 (SC); (2) National Insurance Co. Ltd. v. Nicolletta Rohtagi and others reported in (2002) ACJ 1950 (SC); (3) Josphine James v. United India Insurance Co. Ltd. and Anr. reported in MACD (2013) (SC) 309; (4) ICICI Lombard Gen. Ins. Co. Ltd. v. Raj Kumar and Ors. reported in 2015 (1) WLN 38 (Raj.); (5) United India Insurance Co. Ltd. v. Veerendra Sen and Ors. reported in MACD 2015(3) (All.) 1431; (6) New India Assurance Company v. Indu Bala and Ors. reported in II (2017) ACC 817 (HP) ;