Sr. No. Date i SHRI SHYAM SALES 02-03 Orders * IN THE HIGH COURT OF DELPH AT NEW DELHI + FAO 692/2002 & CMs 1386-1388/2003, 219/2003 & 801/2003 % OMENTALINSURANCECO.LTD. Appellant Through Mr.Ram .N.Sharma, Advocate versus VINITANARUIA& ORS. ..... Respondents Through Mr.D.R.Mahajan and Mr.Vikas Jha, Advocate CORAM: HON'BLE MR JUSTICE R.S. SODIil ORDER 28.08.2003 Tliis appeal is directed against the judgment and order of the Motor Accident Claims Tribunal in Suit No. 1358/2000, whereby the learned Court has passed an award for sum of Rs.25,70,000/-, including 50,000/- by way of an interim award together with interest @5% from the date of filing of the petition tiU the date of payment. Learned counsel for the appellant, has challenged this award on tlie ground, inter alia, that tlie same has been obtained Digitally Signed By:AMULYA Signature Not Verified Sr. No. Date P T SHRI SHYAM SALES 02-03 Orders -2- FAO 692/2002 by fraud. Learned counsel for the respondents submits that the Supreme Court in NATIONAL INSURANCE CO. LTD. VS. NICOLLBTTA ROHTAGI & ORS. [ IE (2002) ACC 292 (SC)] has held that the right of the insurance company to challenge an order in appeal is confined to the grounds provided in Section 149 (2) of the Motor Vehicles Act, 1988. On perusal of the grounds of appeal, I find fliat none of the grounds are those covered by Section 149 (2) of the Motor Vehicles Act, 1988. If there was any fraud, the same had to be proved before the Trial Court and not. all of • a sudden raised before the Appellate Court. In any event, since I am bound by the aforesaid judgment of the Supreme Court, I had no option but to dismiss FAO 692/2002. CMs 1386-1388/2003, 219/2003 and 801/2003 are accordingly disposed of. Amount, If any, deposited shall be released to the respondents. • R.S. SODHI, J AUGUST28, 2003 .. S8 ^ //'/ -fov "• ' I (04)^ ^0