NEW INDIA ASSURANCE CO LTD Vs. MOHAMMED AHMEDUNNISA

JUDGEMENT

(1.) This appeal and cross objections are filed by the insurance company and the claimants respectively questioning quantum of compensation awarded by the Motor Accidents Claims Tribunal-cum-1 Additional District Judge, Karimnagar by award dated 01.03.2006 in O.P. No. 429 of 2005 granting compensation of Rs. 7,60,000/- to the dependant claimants for death of the deceased who died in road accident involving lorry bearing No. AP 21 U 3654 near Medipalli centre of Ramagundam. When questioned, counsel for the Appellant/insurance company stated that the Appellant did not seek and obtain required permission from the lower Tribunal at the appropriate stage under Section 170 of the Motor Vehicles Act (in short, the Act). Therefore, the appeal is liable to be dismissed on that ground alone as not maintainable.

(2.) It is contended by the Appellant's counsel that no cross-objections are maintainable in an appeal of this nature and that in any event when the appeal itself is not maintainable, cross objections filed therein will not survive for consideration. The Appellant's counsel placed reliance on single-Judge pronouncement of this Court in Branch Manager, New India Assurance Co. Ltd. v. Are Ramulu @ S. Ramulu, 2007 3 ALD 531 in this regard. It was held therein that since the appeal was being dismissed and not maintainable for not obtaining permission under Section 170 of the Act, as per ratio of the Supreme Court in Ashok Kohli v. Prakash Chand, 1996 AIR(MP) 50, the question of cross objections surviving does not arise.

(3.) On the other hand, the counsel for claimants/cross-objectors contended that Are Ramulu , 2007 (3) ALD 531 supra is not good law having regard to pronouncement of the Supreme Court in Superintending Engineer v. B. Subba Reddy, 1999 AIR(SC) 1747 (1). It is contended by the Appellant's counsel that the Supreme Court rendered B. Subba Reddy , AIR 1999 SC 1747 (1) supra) under the Arbitration Act, 1940 and not under the Motor Vehicles Act and that therefore it cannot be applied herein.