ORIENTAL INSURANCE CO LTD Vs. NARAYANAN NAIR

JUDGEMENT

(1.) A petition was filed by the insurer under Section 170 of the Motor Vehicles Act (the Act, for short), for grant of permission to contest the case on all grounds. The Tribunal, without disposing of the application, allowed the insurer to cross-examine the claimant. Thereafter, an award was passed directing the insurer to pay compensation. The insurer challenges the award on merit. Is it permissible Can an appeal filed by the insurer challenging the award on grounds other than those are specified in Section 149(2) of the Act be entertained, in the absence of a specific order by the Tribunal under Section 170 of the Act, granting permission This is the precise question which falls for consideration in this case.

(2.) This appeal is filed by the insurer. An award was passed against the insurer, under Section 166 of the Act. According to claimant, the vehicle involved in the accident bears No. KL-5A/6185 which is insured with appellant. The appellant admitted insurance, but contended that the said vehicle was not involved in the accident and hence, the insurer is not liable to pay compensation. This contention was taken up by the insurer in the written statement itself. An application was also filed under Section 170 of the Act, seeking permission of the Tribunal to contest the case on all grounds. The Tribunal allowed the insurer to cross examine the claimant on the disputed facts, heard the case on merit and held that the disputed vehicle was involved in the accident and that the accident occurred due to the negligence of its driver. The Tribunal directed insurer to pay compensation. Hence, this appeal.

(3.) The maintainability of this appeal is under challenge. Learned Counsel appearing for the claimant vehemently contended that the Insurance Company is not entitled to file an appeal disputing the involvement of the vehicle, since the Tribunal did not grant permission to appellant under Section 170 of the Act. It was submitted that the Tribunal having failed to dispose of the application filed under Section 170 which was numbered as I.A. No. 2719 of 2001, the insurer did not have permission to contest the case on all grounds other than those specified in Section 149(2) of the Act. Hence, the appeal filed by insurer on merit is not maintainable, is the argument.