HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR DIVISION BENCH : HON’BLE SHRI S.R. NAYAK, 'CJ & HON’BLE SHRI SATISH K. AGNIHOTRI, J. RESPODNENTS MISC. APPEAL No.1186 OF 2005 The New India Insurance Company Ltd., Raipur, Through: Its Divisional Manager, Divisional Office, Bilaspur (C.G.). VERSUS (1) Smt.. Saraswati Thakur, 35 years Wd/o Late Shri Kamal Singh Thakur (2) Shri Kunal Singh Thakur, 13 years Slo , Late Shri Kamal Singh Thakur (3) Shri Jitendra Singh Thakur, 10 . years S/o Late Shri Kama! singh Thakur (4) Ku. Trishna Thakur, 9 years; Slo Late Shri Kamal Singh Thakur Respondents 2 to 4 are minor, Through weir guardian-mother, Respondent No. 1 Smt. Sarswau' Thakur, All Rlo Naharpara, Police Station — Ganj, Raipur, Tahsil & District — Raipur (C.G.) (5) Mohd. Rahis @ Mohd. Rais, Slo Shri Ajeejfl 34 years, R/o Railway Coiony. Dalli Rajhara, P.S. Dalli Rajhara, Tahsii - Balod. District — Durg (C.G.) - Driver- (6) Shri Ashraf Meman, 32 years, S/o Shri Abdul Sakar, R/o Village - Kusumkasa, P.S. Dalli Rajhara, Tahsil — Balod, \ yr District — Durg (C-GJ - Owner - \ (7) Smt. Sato Bai, 60 years Wdlo Late Shivpal Sinh, R/o Near Turi Hatri, Nadi Chowk. Tikrapara, Raipur (C.G.) ‘_ Present: Mr. Ali Asgar, learned counsel for the appellant. Mr. Shivendu Pandya. leamed counsel for respondents 1 e4. ORAL ORDER (Passed on 05m December 2005) This appeal is not yet admitted. On service of notice, respondents 1 to 4 have med LA. No.2848 of 2005 raising a preliminary objection with‘regard to the maintainability of this appeal. This appeal is preferred by the Insurance Company calling in question the validity and ‘ correctness of the impugned award on merit.“ lt is needless to stated that the Insurance Company cannot be permitted to assail the impugned award on merit unless it sought permission before the MACT by filing application under Section 170 of the Motor Vehicles Act. 1988 (for short the Act) to contest the claim of the claimants on merit. Although it'was stated by leamed counsel for the appellant/insurance Company that such an application was moved before the tribunal on 25/06/2005 four days before the impugned award was passed, from the‘original records. we could see that that application was not pressed by the learned counsel for the Insurance Company. it is also seen that the application was moved after the evidence was over. ln the context, we hold that though the Insurance Company tiled an application under Section 170 of the Act on 25/06/2005 it did not press that application for orders before the Tribunal and in fact it has abandoned that application. (2) ln that view of the matter, we lind merit in the application (LA. No.2848 of 2005) tiled by respondents 1 to 4. We hold that this «.Tk X‘ ~ ¥W7L¥¥ Sd/— *M 7% Sd/- CHIEF JUSTICE SATISH 3c fiGNIHoTm ¥ ii; u g