ORIENTAL INSURANCE CO LTD Vs. NANHOOMAL SHARMA

JUDGEMENT

(1.) This appeal has been filed against the judgment and order (award) dated 21.8.99 passed by the Motor Accidents Claims Tribunal (IV Additional District Judge, Aligarh) in Motor Accident Claim Case No. 79 of 1997 whereby the Tribunal awarded a sum of Rs. 2,55,000 along with interest to the claimant-respondent.

(2.) The Tribunal has allowed the aforesaid compensation because of the injuries received by the claimant-respondent on various counts.

(3.) We have heard the learned counsel for the parties. The learned counsel for the claimant-respondent raised a legal objection that the appellant being the insurer, can only raise pleas, in the petition as well as in the appeal, which were available to the appellant under section 149 of the Motor Vehicles Act. It is contended by the learned counsel for the respondent that the appellant cannot argue for reduction in the compensation allowed because this plea was not covered under section 149 of the Act.