Allahabad High Court
The New India Assurance Company Ltd. vs Rambabu Gupta & Others on 6 January, 2010
Author: Ram Autar Singh
Bench: Prakash Chandra Verma, Ram Autar Singh
Court No. - 34 Case :- FIRST APPEAL FROM ORDER No. - 1004 of 2003 Petitioner :- The New India Assurance Company Ltd. Respondent :- Rambabu Gupta & Others Petitioner Counsel :- Rakesh Bahadur Respondent Counsel :- S.D. Ojha 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, this Court report in 2007 (4) ADJ 101 ( Oriental Insurance Company Limited Vs. Smt. Manju and others) and of the Supreme Court reported i n 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 amunt of compensation to be paid to the claimants, however, such prayer is allowed. Order Date :- 6.1.2010 R