ORIENTAL INSURANCE CO LTD Vs. OMKAR SINGH

JUDGEMENT

(1.) ORIENTAL Insurance Company has approached this Court under Section 173 of Motor Vehicles Act, 1988 to question award dated 31.12.2002 of Motor Accidents Claims Tribunal, Ramban, awarding an amount of Rs.71,000/ - (Rupees seventy one thousand) to claimant/respondent No.3, alongwith interest @ 7% per annum.

(2.) SH . Vishnu Gupta, learned counsel for the appellant Insurance Company, questioned the quantum of compensation awarded by the Tribunal to Mst. Sakeena Begum for the injuries received by her on 31.03.2001, when a goods vehicle bearing registration No.PB06 -5277 driven by Omkar Singh from Srinagar to Jammu, hit Mst. Sakeena Begum at Chanderkote.

(3.) SH . O. P. Thakur, learned counsel appearing for respondent No.3/claimant, raised a preliminary objection that the appeal by the Insurance Company may not be maintainable as the Company had not sought requisite permission under Section 170 to contest the claim petition on defences, which could have been raised by the owner and the driver of the vehicle. Sh. Thakur relies on 'National Insurance Co. Ltd., Chandigarh v. Nicolletta Rohtagi & Ors. reported as 2002 (6) Supreme 362.