IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1974 of 2008 (O&M) Date of decision: 5.9.2009 New India Assurance Company Ltd. .....Appellant(s) Versus Harmail Singh & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. V. Ramswaroop, Advocate for the appellant-New India Assurance Company. Mr. G.D. Gupta, Advocate for respondent No.10-National Insurance Company. Rakesh Kumar Garg, J.(Oral) This is insurer's appeal challenging the impugned award passed by the Motor Accident Claims Tribunal, Karnal whereby compensation has been granted to the claimants on account of death of Anju Bala Tanwar due to rash and negligent driving of the offending vehicle DL-8CF-2756 by respondent No.5. The present appeal has been filed by the insurer on the ground that the findings of the Tribunal on the question of negligence on the part of the driver of the vehicle are erroneous. Learned counsel for the appellant has also challenged the amount of compensation granted to the claimant-respondents on the ground that the same is excessive. Admittedly, an appeal can be filed by the insurer only on the plea available to it as provided under Section 149(2)of the Motor Vehicles Act, 1988. The aforesaid pleas as raised in this appeal are not available to the appellant-Company. No doubt, the insurer can raise all such pleas if permission is granted by the Tribunal under Section 170 of the Motor Vehicles Act. However, counsel for the appellant was unable to show any FAO No.1974 of 2008 (O&M) -2- such permission was granted to the appellant by the Tribunal under Section 170 of the Motor Vehicles Act. In view of the aforesaid, I am not inclined to entertain this appeal. Dismissed. September 5, 2009 (RAKESH KUMAR GARG) ps JUDGE