NEW INDIA ASSURANCE CO. LTD Vs. ARUNA

JUDGEMENT

(1.) THIS is insurer's appeal challenging the impugned award on the ground that the compensation awarded by the Tribunal is excessive.

(2.) ADMITTEDLY , no permission was granted to the appellant under Section 170 of the Motor Vehicles Act, 1988. This is not in dispute that in the absence of the aforesaid permission, the appeal filed by the appellant on the ground of excessive quantum is not maintainable, however, the argument raised by the learned counsel is that an application under Section 170 of the Act was filed by the appellant on 7.12.2006 but the same was not decided by the Tribunal.