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Allahabad High Court

The Oriental Insurance Company Ltd. vs Ram Avtar And Another on 21 January, 2010

Author: Ram Autar Singh

Bench: Prakash Chandra Verma, Ram Autar Singh

Court No. - 34

Case :- FIRST APPEAL FROM ORDER No. - 168 of 2010

Petitioner :- The Oriental Insurance Company Ltd.
Respondent :- Ram Avtar And Another
Petitioner Counsel :- Ramesh Singh
Respondent Counsel :- S.D. Ojha

Hon'ble Prakash Chandra Verma,J.

Hon'ble Ram Autar Singh,J.

This appeal has been preferred by the Oriental 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, this Court report 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 Company Limited Chandigarh Vs. Nicolleta Rohtagi and others). Therefore, the appeal cannot 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 :- 21.1.2010 RU