UNITED INDIA INSURANCE COMPANY Vs. BALWANT SINGH

JUDGEMENT

(1.) SINCE the issue is regarding the maintainability of appeal and covered by the judgment of Hon'ble Supreme Court, therefore, with the consent of the learned counsel for the parties, this court proceeds to decide the appeal itself.

(2.) THE learned Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) vide its award dated 15.6.1998 awarded compensation of Rs. 5 lacs to the claimant respondent. Aggrieved against the said award Insurance Company of Car No. PCF-9491 filed the present appeal although the claim application was contested by the owner of the vehicle before the learned Tribunal. This Court earlier on 7.5.2001 dismissed the present appeal on behalf of the Insurance Company as not maintainable relying upon the judgment of Hon'ble Supreme Court reported in Chinnama George and Ors. v. N.K. Raju and Anr. (2000-2)126 P.L.R. Delhi 1.

(3.) AFTER hearing the learned counsel for the parties and going through the judgments aforesaid, it is apparent that the appeal on behalf of the Insurance Company is not maintainable in view of the latest judgment of Hon'ble Supreme Court in National Insurance Company's case (supra). The argument that the award is highly excessive can not be gone into an appeal filed by the Insurance Company as such appeal itself is not maintainable.