NATIONAL INSURANCE CO LTD Vs. MOHD KHURSHID ALAM

JUDGEMENT

(1.) THE appellant, National Insurance Company Ltd. , insurer of the offending vehicle has preferred an appeal assailing the impugned order dated 08. 10. 2007 passed by the learned MACT. The impugned award has arisen out of the claim petition, viz. , Suit no. 256/2006, filed by respondent Nos. 1 and 2 against the appellant as well as against respondent No. 3 claiming compensation for the death of Shri Aftab Alam.

(2.) THE brief facts, which are necessary for deciding the present appeal inter alia are that Shri Aftab Alam expired 15. 03. 2006. On 15. 03. 2006 at about 3. 10 p. m. Shri Aftab Alam was going on cycle and when he reached in front of warehouse Gate Gaushala Road, Ghazipur, Delhi, a truck bearing registration no. DL 1lg 1910 being driven in a rash and negligent manner hit the deceased and he sustained fatal injuries, as a result of which he died.

(3.) THE appeal is liable to be dismissed at the admission stage itself as the very maintainability of the appeal is in dispute. The appellant cannot assail the findings of the Tribunal on the quantum of compensation as determined by the Tribunal. The appellant had not taken over the defence of the owner and driver as envisaged under Section 170 of the Motor Vehicles Act and therefore, is debarred from challenging the impugned award so as to assail the findings of the Tribunal on the quantum of compensation.