BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. MARIA CRUZ DSOUZA ALIAS MARIA JOSE VAZ W/O.LATE CRUZ ALEX DSOUZA

JUDGEMENT

(1.) Heard Mr Kakodkar, learned counsel for the Appellant.

(2.) In this case, it is not disputed that no leave was obtained under Sec. 170 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. Therefore, by following the law laid down by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd., Amravati Vs. Surekha w/o Prakash Ghurde and others (2020) 2 Bom CR 465, this appeal will have to be dismissed as not maintainable.

(3.) However, Mr. Kakodkar, learned counsel for the Appellant relies on Oriental Insurance Ltd. Vs. Sangita Devi and others, 2016 SCC Online Del. 1221 to submit that where the insurance company is voluntarily impleaded as party Respondent to the claim petition, no further restrictions can be imposed on the right of the insurance company to appeal the award made.