Allahabad High Court
National Insurance Company Ltd. vs Smt. Santosh Kumari @ Shanti Kumari And ... on 4 February, 2010
Author: Ram Autar Singh
Bench: Prakash Chandra Verma, Ram Autar Singh
Court No. - 34 Case :- FIRST APPEAL FROM ORDER No. - 2152 of 2009 Petitioner :- National Insurance Company Ltd. Respondent :- Smt. Santosh Kumari @ Shanti Kumari And Others Petitioner Counsel :- Anupam Shukla Hon'ble Prakash Chandra Verma,J.
Hon'ble Ram Autar Singh,J.
This appeal has been preferred by the insurance company on the ground of quantum in spite of rejection of application under Section 170 of the Motor Vehicles Act, 1988 which, according to us, is not maintainable in view of the judgments of this Court reported in 2007 (4) ADJ 101 (Oriental Insurance Company Limited Vs. Smt. Manju and others) and of the Supreme Court reported in AIR 2002 SC 3350 (National Insurance Co. Ltd., Chandigarh Vs. Nicolleta Rohtagi and others). Therefore, the appeal can not be admitted and is dismissed at the stage of admission without imposing any cost. Incidentally, the appellant-insurance company prayed that the statutory deposit of Rs. 25,000/- made before this Court for preferring this appeal be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed. Order Date :- 4.2.2010 RKS/