R. MANNAKATTI Vs. M. SUBRAMANIAN

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) WE have heard the counsel for the parties.

(3.) IN this appeal preferred by claimants-appellants, it is submitted that the appeal preferred by the insurance company before the High Court was not maintainable and for this reliance is placed on the provisions of section 170 of the Motor Vehicles Act, 1988. In a decision of this court in case of National Insurance Co. Ltd v. Nicolletta Rohtagi, (2002-3)132 P.L.R. 621 (S.C.) : 2002(4) RCR(Civil) 464, this court held :