THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1102 of 2003 Date: 05-8-2010 Between The National Insurance Co. Ltd., Rep. by its Branch Manager, Post Sangrur, Punjab State … Appellant/Respondent No.2 and 1. Smt. Karanam Amritha and 4 others … Respondents/Petitioners 6. S.Bant Singh … Respondent/Respondent No.1 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1102 of 2003 Oral Judgment: Heard both sides. 2. Appeal by the insurer challenging the judgment and decree dated 13-9-2002 in O.P.No.734 of 2001 passed by the Chairman, Motor Accident Claims Tribunal cum District Judge, Nizamabad in awarding a sum of Rs.9,16,500/- as against the claim of Rs.10,00,000/- towards compensation to the dependants of one Karnam Sathyanarayana, who died in a motor vehicle accident that occurred on 19-12-2000 due to the rash and negligent driving on the part of the driver of lorry bearing No.PB-13/D-9511, belonging to respondent No.6 herein. 3. Both the learned counsel have brought to the notice of this Court that no permission under Section 170 of the Motor Vehicles Act, 1988 had been obtained by the insurer to file this appeal. 4. In the event of the said lapse, the law is settled as could be seen from the judgment of the apex Court in National Insurance Co. Ltd. v. Nicoletta Rohtagi[1] that the obligation of the insurer would be restricted only to the extent of Section 149 of the said Act and not beyond. Therefore, the appeal as such, cannot be maintained. 5. However, it is noticed that the rate of interest on the amount of compensation had been accorded by the Tribunal at 9% per annum. This appears to be little high. Therefore, in order to fix the just and reasonable compensation, I feel it expedient to reduce the rate of interest from 9% to 7.5% per annum. 6. Only subject to the above modification, the appeal is disposed of. _______________________ JUSTICE D.S.R.VARMA 05th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1102 of 2003 05th August, 2010. (Ak) [1] (2002) 7 SCC 456