NEW INDIA ASSURANCE COMPANY LTD Vs. ZAHRA BEGUM

JUDGEMENT

(1.) THIS is an appeal by New India assurance Company Limited, against award dated 30-06-2001 in O. P. No. 167 of 1997 passed by Motor Accidents Claims Tribunal-cum-VII Additional Chief Judge, City Civil courts, Hyderabad, wherein and whereunder learned Tribunal awarded Rs. 3,00,000/- as compensation to the claimants for the death of Mohd. Khasimuddin in a motor accident occurred on 30-01-1997. Admittedly, appellant did not obtain permission of learned Tribunal to raise grounds other than the grounds available under Section 149 of the Motor vehicles Act, 1988 (the Act, for brevity ). Therefore, this appeal is not maintainable.

(2.) IT is well settled that when the matter was pending before the Tribunal, insurer has to take permission to question the quantum of compensation, otherwise it cannot maintain an appeal under Section 173 of the act. In National Insurance Company Limited v. Nicolletta Rohtagi, the Supreme Court held as under. For the aforesaid reasons, an insurer if aggrieved against an award, may file an appeal only on those grounds and no other. However, by virtue of section 170 of the 1988 Act, where in course of an enquiry the Claims tribunal is satisfied that (a) there is a collusion between the person making a claim and the person against whom the claim has been made or (b) the person against whom the claim has been made has failed to contest the claim, the tribunal may, for reasons to be recorded in writing, implead the insurer and in that case it is permissible for the insurer to contest the claim also on the grounds which are available to the insured or to the person against whom the claim has been made. Thus, unless an order is passed by the tribunal permitting the insurer to avail the grounds available to an insured or any other person against whom a claim has been made on being satisfied of the two conditions specified in Section 170 of the Act, it is not permissible to the insurer to contest the claim on the grounds which are available to the insured or to a person against whom a claim has been made.

(3.) FOLLOWING the dicta of the Supreme court, the Civil Miscellaneous Appeal is dismissed. No costs.