IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 202 of 2010 Decided on: 08.08.2011 United India Insurance Company Limited …Appellant. Versus Sunil Kumar & others …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the appellant: Mr. G.D. Sharma, Advocate. For the respondents: Mr. G.R. Palsra, Advocate, for respondents No. 1 and 2. Ms. Archana Dutt, Advocate, for respondent No. 3. Deepak Gupta, J. (Oral) By means of this appeal, the appellant-Insurance Company has only challenged the award on the ground that it is highly excessive and that the claimants were not dependents of the deceased. Preliminary objection has been raised that such an appeal by the Insurance Company is not maintainable. 2. As per Section 149 of the Motor Vehicles Act, the Insurance Company is not entitled to take any other defences except those which are available to it under Section 149 of the 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. Act. The Insurance Company cannot contest the claim petitions on the issue of quantum of negligence or even with regard to the issue whether the claimants are dependents of the deceased or not unless it obtained permission of the Tribunal under Section 170 of the Act. 3. In the present case, an application filed under Section 170 of the Act was dismissed on 15.20.2009 and, therefore, the Insurance Company is not permitted to challenge the award on the grounds of quantum of negligence by means of filing an appeal under Section 173 of the Act. 4. The appeal being not maintainable, is rejected without going into the merits of the case. (Deepak Gupta) Judge August 08, 2011 (rajni)