NEW INDIA ASSURANCE COMPANY LTD Vs. SHAHMUNISA

JUDGEMENT

(1.) This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 (In short 'the Act') against the award of Motor Accident Claims Tribunal. Learned Counsel for the appellant has assailed the impugned award on quantum of compensation.

(2.) However, learned Counsel for the respondents has raised a preliminary objection that the present appeal is not maintainable as no permission under Section 170 of the Act was obtained from the learned Tribunal.

(3.) We have heard learned Counsel for the parties at length and perused the record. Learned Counsel for the respondents has relied upon the judgment of the Hon'ble Supreme Court reported in National Insurance Co. Ltd. v. Nicolletta Rohtagi and Others, 2002 3 ACC 292 In the case of Nicolletta Rohtagi , Hon'ble Supreme Court has reiterated the law that appeal being creation of statute, it can be filed only on the grounds mentioned in the statute. Hon'ble Supreme Court held that the appeal shall be maintainable only on other grounds specified in Section 149(2) of the Act subject to fulfilment of the conditions specified in Section 170 of the Act. The relevant portion from the judgment of Nicolletta Rohtagi , is reproduced as under: