3 IN THE HIGH COURT OF JUDICATURE AT BILASPUR: £3 g CHHATTISGARH Misc. APPEAL No. {Q‘kOF 2004 c, w“ Miscellaneous Aggeal under Section 173 of Motor Vehicle Act 1988 (Claim valued in Appeal at Rs. %o,000/-) A3i3i33ficant No. 1 22%? E?3l§é?f§”£?f?§§ Raipur (Chhattisgarh) Through the Branch Manager New India Assurance Co.Ltd. Bilaspur Branch, Rajendra Nagar Chowk, Bilaspur (Chhattisgarh) Versus e- §E5£1°a".f§'"t "°' 1 L 9" §T§e§ff VBV?§a[;’t§gsi‘iia§a°E§sh Kumar Bepari p/B. Ku. Deepika Bepari, aged about 13 years, D/o Late Shri Rakesh Kumar Bepari Ankit Kumar Bepari, Aged about /./ 11 years, S/o Late Shri Rakesh Kumar Bepari (SI. No. 2 & 3 minor through their guardian mother Smt. Bela Bepari. All residents of Vill.Charoda, P.S. Mahasamund, Tah. & Distt. a Mahasamund (Chhattlsgarh) w Respondent Non-AppHcant No I'VO. 2 2) g, (”about Rajeshwar 59 years, Bepari, aged S/o Shyamchandra Bepari, R/o Vill. Charoda, P.S.Mahasamund, Tah., & Distt.‘ Mahasamund (Chhattisgarh) Xi—HC 78 WWWW WEW... §z :gmw The miscellaneous app al is dismissed for want of > ‘ prosecution learned counsel appearing for C/clalmants is heard on 22-6-2010 No oné appears for the appellant. Shri Amiyakant Tiwari, c unsel for respondents No.1A, B and C; N9 one appears for respo dent No.2. The matter was passed over once in absence of any representation on behalf of the a' pellant. No one appears for the ap ellant even in the second cail. ln the circumstance, the is no other option left with the Court but to dismiss the appealf r want of prosecution. ) ,r :3; Shrl Amiyakant Tiwarl respondents No.1A, B a M.(C.)P.No.643/2005, which is a cross appeal/objection. Ordinarily, in an appeal f ed by the insurance company to avoid its liability on the grounds available to it under law, a cross objection ‘isv‘x'not ‘ma'ihta'inable‘b cause the; insurance (cOmpany is not allowed to challenge the qu ntum of compensation awarded to the claimants ln a case where the insurance company has been permitted under Section 170 o the Motor Vehicles Act 1988 to arse all permissible grounds Including the quantum a cross if, ,‘j 5 l3! 1.53,. r n \ m W (Wt?) mm m ma am awwwW m, Rmw mm K gw 111:3 31%, mm S.B.: Ho’n’ble Shri Justice Prash ant Kumar Mishra XI—Hc—78 WW m W137 (‘1 A Lee é WWW m 2w mmwgafgaw) mammw aw 31mm Wmm a.«#‘rwfh ‘ aqaimim Wm ‘ Fmm objection may be maintainable but that is not the case in this appeal, a‘s thewins’urance company has not averred in the memo of appeai that it. was permitted Jnder Section 170 of the Motor 1 Vehicies Act, 1988 to raise all permissibie grounds in the claim 4" case ahd thereafter in appeal. In view of the above, M.(C.)P.No.643/2005 is also dismissed. Sdl- Prashant Kumar Mlshra Judge l Gopal