THE HON'BLE MR JUSTICE N.V. RAMANA and THE HON’BLE MR JUSTICE NOUSHAD ALI M.A.C.M.A.No.3286 of 2005 JUDGMENT:(per Hon’ble Mr Justice N.V.Ramana) This appeal is preferred by the United India Insurance Company aggrieved by the order, dated 14.10.2004, passed by the learned I Additional Motor Accidents Claims Tribunal, Nellore in O.P.No.42 of 2002, wherein and whereunder the Tribunal awarded compensation of Rs.15,58,800/- for the death of one Dommaraju Sriramula Raju in a road accident occurred on 01.08.2001. When the matter came up for consideration on the last occasion, this Court directed the learned Standing Counsel appearing for the appellant-Insurance Company to get instructions as to whether the permission as required under Section 170 of the Motor Vehicles Act, 1988 (for short ‘the Act’) is obtained or not and posted the matter today. Today, when the matter is taken up, the learned Standing Counsel submitted that the permission as required under Section 170 of the Act has not been obtained by the appellant. It is categorically held by the Supreme Court in the case of National Insurance Co. Ltd., v. Nicolletta Rohtagi[1] that when the matter was pending before the Tribunal, insurer has to take permission to question the quantum of compensation, otherwise it cannot maintain an appeal under Section 173 of the Act. In the circumstances, following the dicta of the Supreme Court, the MACMA is dismissed. No costs. _________________ N.V. Ramana, J _________________ Noushad Ali, J Date:26.03.2010 VGB [1] 2002(6) ALT 43 (SC) = 2002 ACJ 1992 = (2002) 7 SCC 456 = AIR 2002 SC 3350