NATIONAL INSURANCE CO. LTD Vs. SOMA DEVI

JUDGEMENT

(1.) A Division Bench of this Court in the case of United India Insurance Co. Ltd. v. Sumitra Devi 2003 ACJ 262 (HP), while dealing with the respondents objection to the maintainability of a writ petition filed under Articles 226/227 of the Constitution of India by an insurance company against an award passed by the Motor Accidents Claims Tribunal in which the insurer-petitioner had assailed the award only on the issue of quantum of compensation, held that such a petition under Article 226 of the Constitution filed by an insurance company questioning the quantum of compensation determined by the Tribunal is maintainable. To appreciate the exact ratio in the aforesaid Division Bench judgment, we reproduce para 2 of the judgment which spells out the fact of the award being challenged only on the question of quantum of compensation awarded and yet a petition under Articles 226/227 of the Constitution, despite the existence of Section 173 of the Motor Vehicles Act, 1988, being filed to challenge this award. Para 2 reads thus: Before coming to the facts of the case we may observe that petitioner insurance company has challenged the award only on its quantum and reason pleaded for maintaining this writ petition is that petitioner cannot challenge the award impugned on quantum in view of Section 149(2) of the Motor Vehicles Act, 1988 by filing an appeal under Section 173 thereof.

(2.) AFTER having noticed the aforesaid issue of law involved in this case, the Division Bench proceeded to reproduce the basic, elementary, but rival contentions of the learned Counsel for the writ petitioner (insurer) and the respondents (claimants). First, the contention of the writ petitioner, insurer, as contained in para 7 of the judgment reads thus:

(3.) THE sum and substance of the ratio as laid down by the Division Bench is contained in para 10 of the judgment which reads thus: