IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO NO.3022/1999 Date of Decision: 18.5.2009. National Insurance Co.Ltd. And another ..........Appellants Versus Smt.Malini Devi and others ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Vivek Suri,Advocate for the appellants. Mr.GS Dhaliwal,Advocate for the applicant-respondents. JASWANT SINGH,J(Oral). CM No.24717-CII/2007. This application has been filed by the respondents-claimants praying for dismissal of FAO No.3022 of 1999 on the ground that in the absence of application moved by the Insurance Company under Section 170 of the Motor Vehicles Act,1988, the appeal by the Insurance Company on the quantum of compensation is not maintainable. Notice of the application was issued to the counsel for the non- applicant-appellants-Insurance Company. Mr.Vivek Suri,Advocate who is appearing on behalf of the appellants-Insurance Company does not dispute the aforesaid legal position and also fairly concedes that no application under Section 170 of the Motor Vehicles Act,1988 was filed by the appellant-Insurance Company before the learned Tribunal. It is further submitted that arising out of the same accident FAO NO.3022/1999 2 another appeal has been filed by the appellant-Insurance Company, bearing FAO No.3023/1999, which may also be disposed of together with this appeal. With the consent of learned counsel for the parties FAO Nos.3022 and 3023 of 1999 are taken up for hearing. In view of the conceded fact that no application under Section 170 of the Motor Vehicles Act,1988 was filed by the appellant before the learned Tribunal and the ratio of judgements of the Hon'ble Supreme Court reported as National Insurance Company Ltd. v. Nicolletta Rohtagi and others, 2002 ACJ 1950 and R.Mannakatti and others v. M.Subramanian and another, 2006(4) RCR (Civil) 326, present appeals are held to be not maintainable. Accordingly, both the appeals stand dismissed. 18.5.2009. (Jaswant Singh) joshi Judge