NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAM DULARI

JUDGEMENT

(1.) This order will dispose of the appeal filed by the appellant challenging the award of the Motor Accident Claims Tribunal only on the ground of quantum as well as the cross-objections being CM No.4510/1996 filed by the respondents-claimants for enhancement of compensation.

(2.) By an order dated 2.5.2003, this court had directed the tribunal to record evidence on the point of income of the deceased in the light of the application for additional evidence. The learned counsel for the respondent, however, states that he does not wish to lead any additional evidence and he will be satisfied if this court on the basis of the evidence on record, assesses the income of the deceased after applying the principles laid down in Sarla Dixit and another Versus Balwant Yadav and others 1996 ACJ 581 and he does not want this case to be sent to the tribunal for recording of evidence.

(3.) The appellants have filed this appeal only on the ground of quantum. Though the insured has been made a party in the appeal, however, neither the same is signed by the insured nor any vakalat has been issued in favour of the counsel to appear on his behalf. In this view of the matter, the appeal on behalf of the insured/respondent No.2 is not maintainable. Since the appeal filed by the insurance company is only on the ground of quantum, the same in view of the judgment of the Supreme Court in National Insurance Co. Ltd. Versus Nicolletta Rohtagi & Ors. 2002 (3) ACJ 1950 will also not be maintainable and is, accordingly, dismissed.