BENCH, JAIPUR v. Parmanand & Ors.

Hon’ble Mr.Justice Dalip Singh Shri Om Prakash Gupta, Counsel for appellant-company *** Heard learned counsel for appellant-company. Submission of the learned counsel for the appellant-company is that the learned Tribunal has erred in awarding the compensation which is excessive. The appeal is thus against the quantum of compensation awarded. Present one is an appeal filed by the insurance-company. Admittedly the application submitted by the appellant-company before the learned Tribunal under Section 170 of the Motor Vehicles Act, 1988 was not allowed and they were not given the right to defend the claim in terms of Section 170 of the Motor Vehicles Act, 1988,as such the only defence available to the insurance-company appellant was under Section 149 of the Motor Vehicles Act, 1988. In the facts and circumstances, therefore, the appellant insurance-company cannot challenge the award of quantum. The miscellaneous appeal is accordingly dismissed summarily. The stay application also stands dismissed. Ashok/ (Dalip Singh),J.