F.A.O.NO. 665 OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 665 OF 2010 Date of decision: 23rd July, 2010 United India Insurance Co. Ltd. .......Appellant Versus Usha Devi and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Vivek Singal, Advocate, for the appellant. Mr. Sanjay Singh, Advocate, for respondent Nos. 1 to 3. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The appeal is against the compensation rendered by the Tribunal on challenging the quantum. The Insurance Company would contend that the award is perverse and therefore, the Court shall examine the same in appeal. The question of quantum is not a defence which is available to the Insurance Company under Section 149(2) of the Motor Vehicles Act. The appeal is therefore, not maintainable at all. 2. Learned counsel for the appellant refers to the judgment of the Hon'ble Supreme Court in New India Assurance Company Ltd. Versus Smt. Shanti Pathak and F.A.O.NO. 665 OF 2010 2 others (2008) 1 SCC (Crl.) 565, where the Hon'ble Supreme Court has interfered on the question of quantum which the Hon'ble Supreme Court has done under Article 142 of the Constitution to do complete justice in exercising jurisdiction which is a power wide and different than from the High Court exercising its appellate court power under Section 173 of the Motor Vehicles Act. It shall not be possible for the insurer to contend that the award is perverse and it requires judicial review before this Court. Therefore, the appeal is dismissed for the reason that it is not maintainable at the instance of the insurer on the issue of quantum. [K.KANNAN] JUDGE 23rd July, 2010 Shivani Kaushik