IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.69 of 2009 (O&M) Date of decision: 26.8.2009 United India Insurance Company Limited .......Appellant(s) Versus Shish Pal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. V. Ramswaroop, Advocate for the appellant. Mr. Ashwani Gaur, Advocate for respondent No.1. Rakesh Kumar Garg, J.(Oral) This is insurer's appeal challenging the impugned award passed by the Motor Accident Claims Tribunal, Sonepat whereby the respondent-claimants have been allowed compensation on account of injuries caused to Shish Pal in a motor vehicular accident caused due to rash and negligent driving by respondent No.1. The grounds raised before this Court by the learned counsel for the insurer are that the compensation awarded to the claimants is excessive and that the findings on issue No.1 with regard to rash and negligent driving of the offending vehicle by its driver are erroneous I have heard learned counsel for the appellant. It is well settled that the insurer can file appeal only on the grounds which are available under Section 149(2) of the Motor Vehicles Act, 1988. Admittedly, the grounds raised by the appellant in this appeal are not available to the Insurance Company under Section 149(2) of the Motor Vehicles Act, 1988. No doubt the Insurer can raise any such defence or ground which is available to the driver/owner of the offending vehicle with permission of the Tribunal under Section 170 of the Motor FAO No.69 of 2009 (O&M) -2- Vehicles Act. Concededly, the appellant-Company had filed an application under Section 170 of the Motor Vehicles Act before the Tribunal for granting them permission to raise all such defences/grounds which are available to a owner or driver of the vehicle. The aforesaid permission was not granted to the Insurer by the Tribunal. In view thereof, appeal filed by the Insurance Company against the impugned award is not maintainable. Dismissed. August 26, 2009 (RAKESH KUMAR GARG) ps JUDGE