NEW INDIA ASSURANCE CO. LTD Vs. VEERAPA NAIDU

JUDGEMENT

(1.) THIS appeal arises from the award passed by the learned Presiding Officer, Motor Accident Claims Tribunal (North) at Mapusa in Claim Petition No. 48/1997 filed under Section 166 of the Motor Vehicle Act, 1988.

(2.) THE Supreme Court in the case of National Insurance Company Limited v. Nicolletta Rohtagi and Ors. : [2002]SUPP2SCR456 has held that under Section 173 of the Motor Vehicles Act, 1988, an insurer has the right to file an appeal before the High Court on limited grounds available under Section 149(2) and the appeal being product of the Statute it is not open to the insurer to take any plea other than those provided under Section 149(2) of the said Act. In view of this ratio, this appeal filed by the insurance company cannot be entertained.

(3.) MR . Afonso, learned Counsel for the insurance company has therefore filed Miscellaneous Civil Application No. 775 of 2004 seeking leave to convert this first appeal in a writ petition under Article 227 of the Constitution. However, under the scheme of the Civil Procedure Code as applicable in Goa, there is no express bar for filing a revision against the award passed by the Motor Accident Claim under Section 166 of the Motor Vehicles Act which is a Special Statute and therefore the applicant cannot be allowed to file writ petition under Article 226 and 227 of the Constitution in view of the decision in Sadhana Lodh's case (supra).