UNITED INDIA INSURANCE CO LTD Vs. JENNY BAI

JUDGEMENT

(1.) THIS appeal by the insurance company is directed against the quantum of compensation awarded by the claims Tribunal in a sum of Rs. 4,08,000 to the claimants following the death of one dayananda.

(2.) AS the appeal by the insurance company is with regard to the quantum of compensation, we enquired with the learned counsel as to whether permission under section 170 of the Motor Vehicles Act was obtained. It was submitted by the learned counsel for the insurance company that though the application was filed seeking permission to contest on all issues under section 170 of said Act, the Tribunal did not pass any order which is clear from the order sheet.

(3.) WE find support for the above submission from the observation made by the tribunal at para 4 of its judgment. Therefore, it is clear that the insurance company did file application seeking permission to contest on all issues, but the Tribunal has not passed any order on the said application. It is imperative on the part of Tribunal to pass an order on the said application before the matter was disposed of finally. Therefore, for the fault of the Tribunal, the insurance company should not suffer and we feel it appropriate to pass an order at this stage allowing the said application filed under section 170 of Motor Vehicles act and we order accordingly.