NATIONAL INSURANCE CO LTD Vs. RENU MISHRA

JUDGEMENT

(1.) RAJES Kumar and B. K. Narayana, JJ. Present appeal has been filed under Section 173 of Motor Vehicles Act, 1988 against the order dated 19. 11. 2. 007, passed by Additional District Judge (Court No. 12)/m. A. C. T. , Lucknow in Claim Petition No. 132 of 2005, Smt. Renu Mishra and others v. Sanjay Kumar and others.

(2.) APPELLANT is the insurance company. Admittedly, the permission under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as "act") has not been granted. Learned counsel for the appellant submitted that an application under Section 170 of the Act was moved before the Tribunal but no order has been passed. He further submitted that the claim petition was not maintainable before the Tribunal for the various reasons.

(3.) IN view of the above, appeal fails and is accordingly, dismissed. Office is directed to remit the statutory amount deposited to the concerned Tribunal within 3 weeks. .