NEW INDIA ASSURANCE COMPANY LIMITED Vs. MALAVATH BHEELYA

JUDGEMENT

(1.) First respondent filed a claim petition seeking compensation of Rs. 3,00,000/- from respondent 2 to 4 and the appellant alleging that he sustained injuries due to the rash and negligent driving of the Tractor bearing No.AP 25/T 4164 belonging to respondents 2 to 4, insured with the appellant, and examined himself as P.W. 1 and the doctor who issued a disability certificate to him as P.W. 2 and marked Exs. A-1 to A-14 on his behalf. Respondents 2 to 4 who contested the claim by filing counter, did not adduce any evidence on their behalf. Appellant who also contested the claim, examined one witness as R.W. 1 and marked Exs. B-1 and B-2 on its behalf. The Tribunal having held that the accident involving the first respondent occurred due to the rash and negligent driving of the offending tractor of respondents 2 to 4 awarded Rs. 2,00,000/- as compensation to the first respondent against respondents 2 to 4 and the appellant. Aggrieved by the compensation awarded to the first respondent, the insurer of the offending vehicle preferred this appeal and dissatisfied with the compensation awarded to him the claimant preferred cross-objections.

(2.) Since the appellant did not obtain permission under Section 170 of the Motor Vehicles Act, 1988 in view of the ratio in National Insurance Company v. Nicolleta Rohtegi, this appeal is liable to be dismissed as not maintainable and accordingly, the same is dismissed.

(3.) The point for consideration in cross objections is to what compensation is the first respondent entitled to?