NEW INDIA INSURANCE CO LTD Vs. SIYA RAM

JUDGEMENT

(1.) AMITAVA Lala, J. This appeal has been preferred by the insurance company before this Court inspite of rejection of application under Section 170 of the Motor Vehicles Act, 1988 (hereinafter called as "act, 1988" ).

(2.) WE have already considered this issue in a judgment reported in 2006 (4) JCLR 297 (All) (LB) : 2007 (4) ADJ 101 (DB), Oriental Insurance Company Limited v. Smt. Manju & Ors. , following the Supreme Court judgments that in such case no appeal shall lie unless, of course, a very specific ground of violation of policy is available under Section 149 (2) of the Act, 1988.

(3.) LASTLY, learned Counsel appearing for the appellant has contended before this Court that no right to recover the amount has been granted to the insurance company from the owner, therefore, he will be immensely sufferer if such right is not granted.