THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.959 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 01.04.2002, passed by the District Judge-cum-Motor Accident Claims Tribunal, Nizamabad (for brevity “the Tribunal”), in O.P.No.470 of 1998, awarding a sum of Rs.7,00,0000/- towards compensation for the death of one Eleti Satyam Reddy, son of claimant No.1, husband of claimant No.2 and father of claimant Nos.3 to 5, in a road accident that occurred on 28.10.1997, the New India Assurance Company Limited has filed the present Civil Miscellaneous Appeal. 3. It is brought to the notice of this Court, by both the learned counsel, that permission as contemplated under Section 170 of the Motor Vehicles Act, 1988 (for short ‘the Act’), is not obtained by the insurer before the Tribunal, as held by the Supreme Court in National Insurance Co. Ltd. Vs. Nicolletta Rohtagi[1], in which event the scope for the insurance company to agitate before this Court is limited only to the extent of Section 149 of the Act. 4. Hence, the Civil Miscellaneous Appeal is not maintainable and is liable to be dismissed. 5. In the result, the appeal is dismissed, without costs. 6. However, since the rate of interest awarded on the compensation by the Tribunal appears to be slightly on higher side, the same is reduced to 7.5% per annum from the date of filing of the O.P. till the date of realization. _____________________ JUSTICE D.S.R.VARMA 26th August 2010 dr [1] AIR 2002 SC 3350