ORIENTAL INSURANCE CO LTD Vs. DONEPUDI VENKAIAH

JUDGEMENT

(1.) This is an appeal by the 2nd respondent (insurer) in O.P. No.498 of 1994 on the file of the Motor Accidents Claims Tribunal-cum- 2nd Additional District Judge, Guntur questioning the finding of the Tribunal on the issue relating to the rash and negligent driving of the driver of the vehicle, belonging to the 1st respondent in the O.P., and the quantum of compensation awarded to the claimants, without obtaining permission under Section 170 of the Motor Vehicles Act, 1988 (for short 'Act').

(2.) Since in National Insurance Company v. Nicolleta Rohtagi, 2002 (6) ALD 1 (SC) = 2002 (7) SCC 456, it is held that an insurer cannot maintain an appeal, without obtaining permission under Section 170 of the Act, questioning the quantum of compensation or the finding as regards negligence of the offending vehicle, the maintainability of the appeal is questioned.

(3.) The contention of the learned Counsel for the appellant is that since the award under appeal was passed on 8-12-1997 and since Nicolleta Rohtagi's case (supra) was decided on 17-9-2002, the ratio therein applies to appeals filed after 17-9-2002 only but not to the appeals filed prior to the rendition of that decision i.e., the said decision, can have prospective effect only but not retrospective effect, and so this appeal filed long prior to that judgment is maintainable. It is also her contention that since the evidence of P.W-1 shows that the driver of the vehicle intentionally killed the deceased, and since police charge-sheeted the driver of the offending vehicle for an offence under Section 304 of Indian Penal Code, but not under Section 304-A I.P.C., claim for compensation under Section 166 of the Act is not maintainable.