^ .s IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL (C) N0. 11^' OF 2007 MISCELLANEOUS APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT, 1988 APPEAIi VALUED AT RS. 7,73,250/- (RUPEES SEVEN LACS SEVENTY THREE THOUSAND TWO HUNDRED FIFTY ) ONLY Appellant Non-Applicant no. 3 Respondent No.l Applicants National Insurance Co. Ltd. Vyapar Vihar Road, Priyadarshani Nagar, Taha Complex, Bil^spur. ^"' Versus < \ (a) Devki Bai, Wd/o ^ Shatrughanlal, aged about 39 years (b) Mahendra Kumar, S/o Late Shatrughanlal, aged .about 20 years (c) Ku. Manju, D/o Late Shatrughanlal, aged < about 18 years (d) Ku. Sulekha, D/o ^ Late Shatrughanlal, aged about 16 years (e) Ku. Priyanka, D/o ^ Late Shatrughanlal, aged about 14 years ^ (f) Smt. Kewra Bai, Wd/o ^ Heera Singh^ aged about 65 years .. (Sl.No.(d) & (e) minor through their guardian mbther Smt. Devki Bai, Wd/o Shatrughanlal) ^ (All R/o Village - Domanpur, Post - Bandha, P.S. & Tehsil - Lormi, Distt. Bilaspur (CG) Presently residing Opp. Oswal Bhawan, Mungeli, P.S. & Tehsil - Mungeli, Distt. Bilaspur. -- o^ ......^.s^r" ^•"'s&g^ ....•^ Respondent No• 2 Non-Applicant No. l^ Respondent No. 3 Non-Applicant No. > Parasram, S/o Mankiram Kewat, aged 35 years, Motor Driver, Jai Bus Service No. CG 10- Z.A/0663, R/o Village - Chaitma, Gopalpur, P.S. Pali, Tehsil ~ Katghora, Distt. Korba (CG) Ajay Kumar, S/o Bajrang Prasad Agrawal, aged 40 years, Vehicle Owner, ?O^Z.A/0663^0°-,|^^^ -_DA^^-.SJ^^/?w^__^:^J y ^ HIGH COURT OF CHHATTISGARH AT BILASPUR D.B: APPELLANT RESPONDENTS Hon'ble Shri I.IVI. Quddusi. Hon'ble Shri Prashant Kumar Mjshra. JJ. Misc. Aopeal (Cl No. 1 126/2007 National Insurance Company Limited. Versus Devki Bai and others. , Appearance: Shri Raj Awasthi, counsei for the appellant. Shri Sourabh Sharma, counsel for respondents No. 1 (a) to 1 (f). APPEAL UNDER SECTION 173 OFTHE MOTOR VEHICLES ACT. 1988 ORAL ORDER (04.01.2011) Per LM. Quddusi, J. Heard. (2) The instent appeal arises from the award dated 5/05/2007, passed by the Additional Motor Accident Claims Tribunal, Mungeli, District Bilaspur, in Claim Case No. 84/2006. (3) On a claim petition filed by the respondents No. 1 (a) to 1 (f), being iegal heirs of the deceased, Shatrughan Lal, who died in an accident on 10/09/2006, due to rash and negligent driving of the non- applicant No.1 by Bus C.G. 10-J.A./0663, learned Tribunal awarded a sum of Rs.7,73,250/- as compensation. Being aggrieved, the appellant jnsurance company has filed the instant appeal on the ground of quantum. (4) Indisputably, the appellant-lnsurance Company has not obtained the permission under Section 170 of the Motor Vehicles Act, 1988, which reads as under: \ "170. Impleading insurer in certain cases.-Where in the course of any inquiry, the Claims Tribunal is satisfied that- -^- (5) (a) tiiere is collusion between the person making the claim and tiie person against whom the claim is made, or (b) the person against whom the claim is made has fatted to contestthedaim, itmay, for reasons to be recorded in writing.direct that the insurer who may beliable in respect ofsuch claim, shall be impleaded as a party to the proceecting and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the person agatnstwhom ttie claim has beenmade." Hon'ble Apex Court in National Insurance Company Ltd. Vs. Nicolletta Rohtagi and others 2003 (3) TAC 293 (SC) has held that unless the conditions precedent specjfied in Section 170 of 1988 Act is satjsfied, Insurance Company tias no right of appteal to challenge ttie award on merits. (6) In the view of the above settled position of law, the instent appeal on behalf ofthe appellant Insurance Company, inabsence of permi^ion under Section 170 of the Acst, 1988, is not maintatnable and the same is dismissed. No order as to costs. Sd/- LM.Quddusi Judge SdA Prashant Kumar Mishra ^ Judge ^ \^