ORIENTAL INSURANCE COMPANY LTD Vs. SURGYAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This appeal has been preferred against the judgment and award dated 12.2.1999 passed by the learned MACT, Dausa whereby, the award of Rs. 3,30,000/- alongwith interest @ 12% has been passed in favour of the respondents-claimants.

(2.) IN the matters of Shankarayya and Anr. v. United India Insurance Co. Ltd. and Anr. and Narendra Kumar and Anr. v. Yarenissa and Ors. the Apex Court held that Insurance Company can be permitted to contest the proceedings on merits only if the condition precedent as mentioned in Section 170 of the Motor Vehicles Act, 1988 are complied with and then Insurance Company has obtained an order in writing from the Tribunal and it should be a reasoned order. Other wise, the Insurance Company cannot have wider defence on merits than what is available to it by way of statutory defence.

(3.) HENCE , I do not find any good or valid ground to accept this appeal. As such, the same is dismissed summarily at the admission stage itself.