NATIONAL INSURANCE Vs. MOSMAT JAHARI DEVI

JUDGEMENT

(1.) THIS appeal by the Insurance Company (insurer of the vehicle) is directed against the judgment dated 9.9.2002 passed by the 1st Addl. Motor Accident Claim Tribunal, Naugachia in M.A.C.T. Case No. 116/98 whereby and whereunder it has awarded a compensation of Rs. 50,000/ -to the claimants/respondents on account of death of one Sogarath Mandal in a motor vehicle accident.

(2.) LEARNED counsel for the appellant submitted that since no permission under Sec.170 of the M.V. Act was obtained by the appellant from the Tribunal, the appeal, is not maintainable and hence, the appeal may be converted in civil revision. In support of his submission he has relied on the decision of a judgment of this Court (Ranchi Bench) reported in 2003(1) BLJ 271 [: 2002(4) PLJR 341].

(3.) IN the case of National Insurance Company V/s. Arjun Prasad reported in 2006(1) PLJR 637, this Court relying on the decision of the Supreme Court in the case of Sadhana Lodh V/s. National Insurance Comp. Ltd. and Ors., 2005(2) PLJR 43 (S.C.) has held that where law provides remedy for filing an appeal on limited grounds, those grounds cannot be enlarged either by filing a writ petition or by filing a revision enabling one to take ground to challenge award which are not enumerated under Sec.149(2) of the Act. This Bench relying on the above decision of the Supreme Court has also already held in M.A. Case No. 305/2003 that such conversion is not permissible.