NATIONAL INSURANCE CO LTD Vs. GHULAM MUSTAFA BEG

JUDGEMENT

(1.) National Insurance Company Limited has filed this Appeal questioning the quantum of compensation of Rs. 7,00,800/- awarded by the Motor Accident Claims Tribunal, Bhaderwah vide its Award of July 25, 2003, to the parents of Shokat Ali Beg, who died in a motor vehicular accident on March 17, 1999 near Jaswal Bridge Ramban when Taxi Cab Tata Sumo No. JK01C/2360 which he had boarded while traveling from Jammu to Srinagar met with accident because of its rash and negligent driving by Mohd. Arif, its driver.

(2.) Claimants' learned Counsel raises a preliminary objection to urge that the Insurance Company's Appeal was not maintainable as having failed to seek permission of the Tribunal to contest the respondents' claim of compensation on grounds other than those available to an insurer under Section 149(2) of the Motor Vehicles Act, 1988, the Insurance Company was not entitled to question the award of the Tribunal and the quantum of compensation awarded by it.

(3.) Responding to the objection, the appellant's learned Counsel submitted that the amount awarded to the claimants being excessive, omission of the insurer to seek permission of the Tribunal under Section 170 of the Motor Vehicles Act would not disentitle it to maintain its Appeal.