IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.260 of 2009(O&M) Date of decision: 17.8.2009 New India Insurance Company ......Appellant(s) Versus Smt. Sunder Pati and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Vikas Chatrath, Advocate for the appellant. Rakesh Kumar Garg, J(Oral) This is insurer's appeal challenging the impugned award passed by the Motor Accident Claims Tribunal, Jhajjar whereby the respondent-claimants No.1 to 5 have been allowed compensation on account of death of one Om Parkash in a motor vehicular accident caused due to rash and negligent driving of respondent No.6. The only ground raised before this Court by the learned counsel for the insurer is that the quantum of compensation granted to the respondents is excessive because of applying a higher multiplier and granting reimbursement of medical expenses of deceased to which he was not entitled to being an employee of DTC. I have heard learned counsel for the appellant. The appeal filed by the insurer on the question of quantum is not maintainable as the aforesaid ground is not available to the insurer under Section 149(2)of the Motor Vehicles Act, 1988. Moreover, it is not the case of the appellant that they were allowed under Section 170 of the Motor Vehicles Act to raise all the grounds/defence as available to owner and driver of the offending vehicle. In view thereof, I am not inclined to entertain this appeal. Dismissed. August 17, 2009 (RAKESH KUMAR GARG) ps JUDGE