UNITED INDIA INSURANCE CO LTD Vs. HEERA SINGH

JUDGEMENT

(1.) This F.A.F.O. has been filed against the impugned order of the Motor Accidents Claims Tribunal dated 17.5.2001. We have heard learned counsel for the appellant. In our opinion this appeal is not maintainable in view of the decision of the Apex Court in the case of Shankarayya v. United India Insurance Co. Ltd., 1998 ACJ 513 (SC), which has been followed by a Division Bench of this court in Oriental Fire & General Ins. Co. Ltd. v. Nirmala Devi, 2001 ACJ 814 (Allahabad).

(2.) Learned counsel for the appellant has relied on two decisions of Division Benches of this court, United India Insurance Co. Ltd. v. Manish Porwar, 2000 ACJ 30 (Allahabad), as well as Oriental Insurance Co. Ltd. v. Nanhoomal Sharma, 2000 (40) ALR 701. These decisions have not taken into consideration the decision of the Supreme Court in Shankarayya's case, 1998 ACJ 513 (SC). On the other hand, the Division Bench decision in Oriental Fire & Genl. Ins. Co. Ltd., 2001 ACJ 814 (Allahabad), has taken into consideration Shankarayya's case. Hence the two Division Bench decisions cited by learned counsel for the appellant are not good law in view of the decision of Shankarayya's case (supra). It has been held in Shankarayya 's case that no appeal is maintainable except on statutory grounds contained in section 149 of the Motor Vehicles Act unless an order under section 170 has been passed in favour 3f the insurance company.

(3.) In the result, this appeal is not maintainable and is dismissed. The amount deposited by the appellant in this court shall be returned to the appellant. Appeal dismissed.