NEW INDIA ASSURANCE CO LTD Vs. INDRA SARDANA

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 8,10,000/- has been awarded to claimant/respondent No. 1.

(2.) THE accident dated 11th July, 1999 resulted in grievous injuries to the claimant. The claimant was 19 years old at the time of the accident and was a student. Seven teeth of the claimant were broken/lost in the accident for which she requires implant. Dr. R. K. Bali, a renowned dentist appeared in the witness box as PW-5 and deposed that the claimant would require implant for seven teeth and the charges for each implant is rs. 35,000/ -. The claimant was unmarried at the time of the accident. The claimant had qualified the entrance examination for getting admission in MBBS but lost her career and could not become a doctor. The claimant was disqualified in interview on the ground of broken teeth. The claimant was also disqualified by Air-Force Nursing College on account of teeth problem.

(3.) THE learned counsel for the appellant has challenged the quantum of compensation awarded to the claimant. However, since the appellant had not taken the permission from the learned Tribunal under Section 170 of the Motor vehicles Act, the appellant cannot challenge the quantum of compensation awarded to the claimant. Reference in this regard be made to the judgments by the Apex Court in the cases of National Insurance Co. Ltd. vs. Nicolletta rohtagi, (2002) 7 SCC 456 and Shankarayya vs. United India Insurance Co. Ltd. , (1998) 3 SCC 140 where it has been held that in the absence of defence as envisaged under Section 170 of the Motor Vehicles Act being taken over by the insurance company, the appeal filed by the insurance company is not maintainable.