THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.912 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 27.11.2001, in O.P.No.87 of 1999, passed by the Chairman, Motor Accident Claims Tribunal (Additional District Judge), Nizamabad, (for brevity “the Tribunal”), awarding compensation of Rs.50,000/- as against the claim of Rs.1,00,000/- for the injuries sustained by the 1st respondent- claimant in a motor accident that occurred on 08.09.1998 at 4-00 p.m., in the outskirts of Busapur village, Balkonda Mandal, Nizamabad District, due to the rash and negligent driving on the part of the driver of the TATA Sumo, bearing No.AP 15H 900, belonging to the 2nd respondent, the present civil miscellaneous appeal has been preferred by the appellant-insurer. 3. When the matter came up for hearing, it is brought to the notice of this Court that no application under Section 170 of the Motor Vehicles Act, 1988 to contest the matter on all aspects has been filed by the appellant-insurer. 4. In view of the said fact, exfacie, the appeal filed by the insurer is not maintainable as held by the apex Court in National Insurance Co. Ltd. v. Nicolletta Rohtagi[1]. 5. Even otherwise also, as could be seen from the impugned order passed by the Tribunal, I am of the view that there are no circumstances warranting interference by this Court. 6. In the result, the civil miscellaneous appeal is dismissed. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 08.07.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.912 of 2003 08.07.2010 (Msr) [1] AIR 2002 SC 3350