^"••-l^; ""^^s^, ^ HIGH COURT OF CHHATTISGARH AT BILASPUR Sinale Bench Appellant Respondent Claimant Respjyident Np^.2 Respondent No.1 Hon'ble Shri Dilip Raosaheb Deshmukh. J. M.A.(GlNo.1124of2007 The Oriental Insurance Company Limited. Divisional Office, Opposite High Court, Bilaspur, Distt. Bilaspur. Versus 1. Bajrang Shukla, S/o Loknath Shukla, aged about 22 years, R^sident of Masanganj, Sarjoo Bagicha, Tehsil Bilaspur, Dist: Bilaspur (Chhattisgarh) (Owner) 2. Abhishek Sharma, S/o K.N.Sharma, aged about 20 years, resident of Bangalipara, Gali No.4, Sarkanda, Bilaspur, Dist: Bilaspur(CG) (Driver) Misc. Appeal under Section 173 ofthe Motor Vehicles Act. 1988 Present : Shri Sudhir Agrawal, counsel for the appel!ant. ORAL ORDER (Passed on 13 February, 2009) Heard on admission. 2. The appellant/insurer is aggrieved against the award dated 11.05.2007 passed by the 1st Additional Motor Accidents Claims Tribunal, Bilaspur (henceforth 'the Tribunal') in claim case No.70/2006 whereby compensation of Rs.1,25,000/- was awarded against the appellant/insurer. 3. Shri Sudhir Agrawal, learned counsel for the appellant/insurer admits that no application under Section 170 of the Motor Vehicles Act was filed by the insurer in the Tribunal, and therefore, the question of quantum awarded by the Tribunal cannot be agitated before this Court. 4. So far as the ground of fundamental breach of policy issued by the appellant/insurer is concerned, a perusal of para 10 of the impugned award shows that the appellant/insurer has miserably failed to prove the same before the Tribunal. No other ground was urged before me. 5. There is np merit in this appeat whichj^accordingly dismissed at the stage ofadmission. ^^/_ Dilip Raosaheb Deshmukh Judge (^Dt