(1.) BOTH the appeals against the High Court Order have been filed against the judgment and order of the learned single Judge dated 12-9-2000, by which the learned single Judge has dismissed the two appeals which were filed challenging the award of the Motor Accident claims Tribunal (hereinafter referred to as the "tribunal") in view of the fact that the appellant-insurance company has not fulfilled the requirement as provided under section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "act" ). The questions arise as to whether the appeal on behalf of the insurer, who has not taken permission as required under Section 170 of the Act, under Section 173 is maintainable.
(2.) THE facts and circumstances giving rise to these appeals are that the accident occurred on 4-5-1997 at Korapalli junction as a consequence of which one Surendra petho Behera had died because of injuries caused by the offending vehicle. His widow, parents and sister filed two applications which were registered as MAC Nos. 545 and 544 of 1997. The registered owner of the vehicle filed written statement before the Tribunal denying the allegations made in the claim petition and as he did not participate in the proceeding further he was proceeded ex parte. The appellant-insurance company participated in the proceeding by filing written statement, denying the allegations made by the claimants. As both the claim petitions had arisen out of the same accident, they were taken up together and decided by an award dated 21-9-1998 awarding a compensation of Rs. 3,24,000/- and Rs. 97,500/-in both the cases. Being aggrieved, the insurance company filed two appeals challenging the quantum of award passed in those cases. The learned single Judge dismissed the appeals as not maintainable on the ground that the appellant did not make any application for permission as required under section 170 of the Act and therefore, the appeals were not maintainable. Hence, these appeals.
(3.) MR. A. K. Mohanty, learned counsel for the appellant has submitted that in case the insurance company had been permitted to file the written statement and participate in the proceeding before the Tribunal it is to be held that the appellant had been impliedly grant the permission to contest the cases and therefore, the judgment and order of the learned single Judge requires to be reversed.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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