NEW INDIA ASSURANCE COMPANY LTD Vs. CHUNNOO

JUDGEMENT

(1.) Case called. None appears for the appellant. Mohd. Haneef learned Counsel for the claimants-respondents is present. The appeal is dismissed for not-prosecution. The interim order is vacated. The amount deposited in this Court, shall be remitted to the Tribunal which shall be released in favour of the claimants-respondents. The Tribunal may proceed in accordance with the award.

(2.) 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 in National Insurance Co. Ltd. v. Nicolletta Rohtagi and others, 2003 3 TAC 293 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 fulfillment of the conditions specified in section 170 of the Act. The relevant portion from the judgment of Nicolletta Rohtagi is reproduced as under:-

(3.) In view of settled proposition of law, the insurer company may file an appeal only on the ground enumerated in section 149(2) of the Act. Hon'ble Supreme Court had not enlarged the scope of the appeal; rather confined the scope of appeal to the grounds enumerated in section 149(2) of the Act.