ORIENTAL INSURANCE CO LTD Vs. BINI BALA MONDAL

JUDGEMENT

(1.) These two appeals have been preferred by the respective Insurers against the Judgment and Award dated 7th February, 1996 in Motor Accident Claim case No. 21 of 1992 and the Judgment and Award dated 11th December, 1996 in Motor Accident Claim case No. 13 of 1993, passed by the learned Judgment, Motor Accident Claims Tribunal, Purulia.

(2.) Pursuant to a preliminary objection taken on behalf of the respondents, the two appeals were set down for hearing on the point of maintainability on identical grounds.

(3.) Appearing on behalf of the respondents in both the appeals, Mr. Krishanu Banik, learned advocate, submitted that the appeals were not maintainable since no leave had been obtained by the Insurers in both the appeals from the Claims Tribunal under section 170 of the Motor Vehicles Act, 1988, to contest the claims made by the Claimants on merits on grounds other than those indicated in section 149(2) of the said Act. Mr. Banik urged that failure to obtain such leave operated as a bar to the filing of an appeal by the Insurer challenging the Judgment/Award of the Claims Tribunals on merits.