ORIENTAL INSURANCE CO LIMITED Vs. AISHI LAL SALUJA

JUDGEMENT

(1.) Perusal of the present appeal shows that the defense was not taken over by the appellant as envisaged under Section 170 of the Motor Vehicles Act.

(2.) In view of the settled legal position, the present appeal filed by the insurance company challenging the quantum of compensation is not maintainable. Reference in this regard is made to the judgment of the Apex Court in New India Assurance Co. Ltd. v. Smt. Shanti Pathak and Ors., 2007 ACJ 2188.

(3.) The facts of the case inter alias are that on 22.10.1998 Shri Aishi Lal Saluja was going on his scooter bearing registration No. DL-9SA 0171 from Punjabi Bagh Chowk towards the direction of Jakhira and when he reached beyond the Power House, a bus bearing registration No. DL-1P 7563 driven by Shri Dharambir in a rash and negligent manner came from behind and hit Shri Aishi Lal Saliya.