Madras High Court
United India Insurance Company Limited vs M.G. Subramanian, S. Ganapathy, S.V.S. ... on 12 November, 2002
Equivalent citations: II(2003)ACC548, (2003)1MLJ133
Author: P. Sathasivam
Bench: P. Sathasivam
JUDGMENT P. Sathasivam, J.
1. United India Insurance Company, Pudukottai is the appellant in the above appeal. Questioning the quantum of compensation arrived at by the Tribunal, the Insurance Company has filed the present appeal. Even at the outset, the learned counsel appearing for the appellant-Insurance Company fairly states that the Insurance Company has not filed an application before the Tribunal to contest the claim on all aspects under Section 170 of the Motor Vehicles Act, 1988, apart from the defence available under Section 149(2) of the Motor Vehicles Act. In the light of the admitted factual position and in view of the decision of the Supreme Court in NATIONAL INSURANCE COMPANY VS. NICOLLETTA ROHTAGI & OTHERS , the present appeal by the Insurance Company is not maintainable. Accordingly, the same is dismissed.
2. Coming to the Cross Objection 146 of 1996 filed by respondents 1 and 2 in the appeal, inasmuch as we have taken a view that the present appeal by the Insurance Company is not maintainable, in the light of various decisions of the Supreme Court ( Pannalal's case etc.), the cross objection by the claimants in this appeal filed by the Insurance Company also cannot be maintained. In the light of the said settled legal position, we are of the view that the present Cross Objection is not maintainable and the same is also liable to be dismissed.
3. Net result, both the appeal and the cross objection are dismissed. No costs.