FAO No. 3697 of 2008 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 3697 of 2008 (O&M) Date of Decision : 12.5.2010 New India Assurance Company Limited, Faridabad .......... Appellant Versus Kishan Chand & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Ravinder Arora, Advocate for the appellant. Ms. Monisha Lamba , Advocate for respondents No. 1 & 2. **** VINOD K. SHARMA, J. (ORAL) This appeal by the Insurance Company is directed against the award dated 19.7.2008, passed by the learned Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as “the Tribunal”) allowing a claim petition filed by the claimants / respondent under Sections 166 and 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”). The learned Tribunal after holding that death of Kailash Chand was on account of rash and negligent driving of Trolla bearing No. HR-37- B-4002, held the claimants i.e. the legal heirs of deceased Kailash Chand to be entitled to compensation to the tune of Rs. 4,82,860/- (Rupees four lac eighty two thousand eight hundred and sixty only) along with interest @ 7% per annum. FAO No. 3697 of 2008 -2- The Insurance company challenged the award to challenge the quantum of compensation by claiming it to be on the higher side. It is not in dispute, that no application under Section 170 of the Act was moved by the Insurance Company before the learned Tribunal, therefore, in view of the statutory bar, it is not open to the Insurance Company to challenge the award on merit. This appeal is, therefore, dismissed being not competent. 12.5.2010 ( VINOD K. SHARMA ) 'sp' JUDGE