-1- C.M.A. No.2135/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Miscellaneous Appeal No.2135 of 2009. United India Insurance Company Limited VERSUS Manohar Kanwar wife of Shri Bhanwar Singh & Others Date of Order :::: 09/08/2010 Hon'ble Mr.Justice Dalip Singh Shri Amit Agrawal, for Shri Ashok Mehta, Counsel for the appellant-company *** Per Court : This is an appeal by the Insurance Company against the award passed by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur dated 05.11.2008 alleging therein that the award is excessive. The insurance company is not entitled to challenge the award so far as quantum is concerned unless and until it has moved an application under Section 170 of the Motor Vehicles Act, 1988 before the learned Tribunal and the said application had been allowed. From the record it does not appear that any such application was filed by the appellant insurance- company before the learned Tribunal. Even in the memo of appeal, there is no such averment to that effect. In the facts and circumstances, therefore, since the award is only challenged on the ground of quantum by the insurance company, this miscellaneous appeal is accordingly dismissed. The stay application also stands dismissed. (Dalip Singh),J. Ashok/