Allahabad High Court
New India Insurance Co. Ltd. vs Shri Hari Lal Yadav & Others on 28 January, 2010
Author: Ram Autar Singh
Bench: Prakash Chandra Verma, Ram Autar Singh
Court No. - 34 Case :- FIRST APPEAL FROM ORDER No. - 18 of 2000 Petitioner :- New India Insurance Co. Ltd. Respondent :- Shri Hari Lal Yadav & Others Petitioner Counsel :- Satish Chaturvedi Respondent Counsel :- V.C.Dixit Hon'ble Prakash Chandra Verma,J.
Hon'ble Ram Autar Singh,J.
Heard learned counsel for the parties at length. This appeal has been preferred by the insurance company on the ground of quantum in spite of no permission under section 170 of the Motor Vehicles Act, 1988 has been obtained which, according to us, is not maintainable in view of the judgement 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.
Learned counsel for 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 :- 28.1.2010 ssm