IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4128 of 2009 (O&M) Date of decision: 3.9.2009 Oriental Insurance Co. Ltd .....Appellant(s) Versus Malkit Singh s/o Ashok Kumar and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Ashwani Talwar, Advocate for the appellant. Rakesh Kumar Garg, J.(Oral) CM No.19501-CII of 2009 For the reasons mentioned in the application, delay of 14 days in filing the appeal is condoned CM stands disposed of. FAO No.4128 of 2009 (O&M) This is insurer's appeal challenging the impugned award passed by Motor Accident Claims Tribunal, Rupnagar, on the ground that the compensation granted to the claimant-respondents is excessive. Though in the grounds of appeal, it has been mentioned that permission under Section 170 of the Motor Vehicles Act was granted to the appellant-Company vide order dated 8.9.2008 passed by the Tribunal but after perusal of the aforesaid order which was produced before this Court by the learned counsel for the appellant, it reveals that the aforesaid application was specifically declined. It is well settled that the insurer cannot challenge the award of the Tribunal on the question of quantum of compensation. Thus, I find no merit in this appeal. Dismissed. FAO No.4128 of 2009 (O&M) -2- Court on its own motion Since the law is well settled as aforesaid, it is strange that the Insurance Company has chosen to file this appeal. Let a notice be issued to the Regional Manager, Oriental Insurance Company Ltd., SCO No.109-111, Sector 17-D, Chandigarh to show cause as to why the present appeal, which has no arguable point, was filed by the Insurance Company. List on 15.9.2009. The aforesaid appellant shall be present in Court on the date fixed. September 3, 2009 (RAKESH KUMAR GARG) ps JUDGE