IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.1035 OF 2011 Between: The New India Assurance Company Ltd., .....APPELLANT AND Ithagoni Ramulamma and others. ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.1035 OF 2011 JUDGMENT: This M.A.C.M.A(SR), under Section 173 of the Motor Vehicles Act, 1988, (for short, “the Act”), is directed against the order and decree, dated 23.02.2007, in O.P.No.926 of 2004, on the file of the Chairman, Motor Accident Claims Tribunal-cum-II Additional District Judge, Nalgonda at Suryapet, whereunder and whereby, the petition, filed under Sections 163A and 166 of the Act, claiming compensation of Rs.10,00,000/- consequent upon the death of Venkateshwarlu in a road accident, was partly allowed granting compensation of Rs.4,84,500/- 2. The appellant herein /respondent No.2 filed the present appeal questioning the quantum of compensation. The defences open to the Insurance Company are enumerated in Sub Section (2) of Section 149 of the Act. Unless the case of the Insurance Company falls under any one of the Clauses under Section 149 of the Act, the appeal is not maintainable. Of-course by taking permission to raise all defences in the Tribunal as required under Section 170 of the Act, the Insurance Company can question the quantum of compensation. But admittedly, such a permission has not been obtained by the appellant in the Tribunal so as to challenge the quantum. Therefore, the appeal is devoid of merits and is liable to be dismissed. 3. Accordingly, the M.A.C.M.A (SR) is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J MARCH 30, 2011 YVL