UNITED INDIA INSURANCE COMPANY Vs. BITOLA DEVI

JUDGEMENT

(1.) THIS appeal has been filed by United India Insurance Company challenging the award dated 31.3.2003 passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri in a claim petition under the Motor Vehicles Act. The only ground on which the appeal has been pressed is regarding the quantum of compensation. It is admitted by the learned Counsel for the appellant that no permission under Section 170 of the Motor Vehicles Act was obtained by the United India Insurance Company Co. Ltd. from the Tribunal, therefore, the ground on which the present appeal has been filed, is not available to the Insurance Company, as they fall out side the scope of Section 149(2) of the Motor Vehicles Act.

(2.) IN view of the law laid down by the Apex Court in the case of National Insurance Company Ltd., Chandigarh v. Nicolletta Rohtagi and Ors. reported in III (2002) ACC 292 (SC) : 2002 (10) SBR 227 the appeal is not maintainable and is hereby dismissed.