1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 39 OF 2008 National Insurance Co. Ltd., A duly registered company, Registered under the companies Act, 1956 having its branch office at 3rd floor, Vaman Smrti, Near Laxman Narayan Temple, Mapusa, Bardez-Goa. .... Appellant V/s 1. Shri Ramakant Vithal Telang, Age 38 years, married, R/o. House No. 111, Behind Bajaj Showroom, Colmorodo Road, Navelim, Margao Goa. 2. Mrs. Namrata Ramakant Telang, age 30 years, married, R/o. House No. 111, Behind Bajaj Showroom, Colmorodo Road, Navelim, Margao, Goa. 3. Mr. Mohammed Supisab, S/o. Hetatclappa, R/o Shellar, Canacona, Goa (Driver), 4. Shri Benedito Fernandes, S/o. Minino Fernandes, R/o. H. No. 1616(1), Nagarshem, Canacona, Goa (Owner). .... Respondents Mr. M.S. Joshi, Advocate for the Appellant. CORAM : N.A. BRITTO, J. DATE : 17th JUNE, 2008 ORDER : 2 Heard Shri M.S. Joshi, the learned Counsel on behalf of the appellant. 2. The respondents have chosen to remain absent. The appellant is the insurer of vehicle no. GA-02-T-4314 which met with an accident on 7/04/2004, causing death of a 3 years old daughter of the respondents. The said respondents having filed a claim petition against the driver, the owner and the insurer of the said vehicle, the learned MACT was pleased to award to the respondents/claimants compensation in a sum of Rs. 4,11,000/- with interest at the rate of 9% per annum from the date of the application. 3. Contending that the compensation awarded is excessive and it is more than what was claimed by the claimants, the present appeal has been filed, and, Shri Joshi has placed reliance on the case of Oriental Insurance Co. Ltd. V/s. Syed Ibrahim & Ors. (2007 ALL SCR 2764). That was a case where compensation of Rs. 51,500/-, which was ordered to be paid, was maintained by the Apex Court in case of a child of 7 years of age. Prima facie, it does appear that the compensation ordered to be paid is excessive, but I must hasten to add that the appellant, as insurer can file an appeal only in case where there is a breach of one of the conditions of the policy as contained in Section 149(2) of the MV Act, 1988 and not on the ground that the compensation awarded is excessive. The Apex Court in Chinnama 3 George & Ors. V/s. N.K. Raju & Anr. (2000 (4) SCC 130) has clearly stated that an appeal on quantum of compensation is not a ground available to the insurer for the purpose of filing an appeal. Being so, the appeal is clearly not maintainable and is hereby dismissed. N.A. BRITTO, J. NH/-