NATIONAL INSURANCE CO LTD Vs. MAHAVIR PRASAD MALPANI

JUDGEMENT

(1.) THIS appeal under clause 18 of the Rajasthan High Court Ordinance, 1949 has been filed against the order passed by the learned Single Judge dated 2. 2. 2001 vide which the appeal preferred by the appellant National Insurance Co. against the award passed by the Motor Accident Claims Tribunal dated 1. 12. 2000 was dismissed.

(2.) THE claimant, in a motor accident that took place on 30. 11. 1984, suffered fracture of back-bone. He was awarded compensation to the tune of Rs. 8,05,000/- vide award passed by the Tribunal dated 1. 12. 2000. THE learned Single Judge before whom the appeal came to be placed, held that since only quantum of compensation was in question and the Insurance Co. had failed to obtain permission as required under Sec. 170 of the Motor Vehicles Act, the appeal was not maintainable. While so holding, learned Single Judge, besides placing reliance upon Sec. 170 of the Motor Vehicles Act, also relied upon the judgment of the Hon'ble Supreme Court in Shankarayya and Another vs. United India Insurance Co. Ltd. and Another (1998 ACJ 513) = (RLW 1998 (3) SC 407 ). Learned Single Judge also took into consideration the effect of cross-summoning the witnesses on the question of quantum and while placing reliance upon the judgment of this Court in National Insurance Co. Ltd. vs. Tulsi Devi and Others (1988 ACJ 962) = (1988 (1) RLW 391) held that even though the witnesses were cross-examined on the question of quantum, the same would be of no avail as permission required u/s 170 of the Motor Vehicles Act was not granted by the court.

(3.) FINDING no merit in the appeal, the same is dismissed without any order as to costs. .