UNITED INDIA INSURANCE CO. LTD. Vs. SATYA DEVI

JUDGEMENT

(1.) THIS is an appeal filed by United India Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988 against the award dated 8-4- 2004, passed by the Second Additional Motor Accident Claims Tribunal (FTC), Korba in Claim Case No. 30 of 2004 awarding a sum of Rs. 12,12,296/- in favour of respondents/claimants.

(2.) THE ground taken in the appeal memorandum is that the Tribunal was wrong in not framing the issue of contributory negligence though pleaded by the appellant and that the compensation should have been reduced after apportioning the contribution to the accident by the deceased.

(3.) ON perusal of the records of the Tribunal, we find that no permission was applied for under Section 170 of the Act 1988 by the appellant to contest the claim of the respondents/claimants on merits and no permission has been granted by the Tribunal to the appellants in that regard.