“F : ¢1 1N THE HIGH COURT OF JUDICATURE AT BILAsPUR, CHEATTISGARH imision Bah“ O Miscellaneous Ameal No.5/i\ of 2005 v MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 APPELLANT/ z / National Insurance Co. Ltd., / (insurer) ' Through B—l, Taha its Complex, Assistant 2nd Manager, Floor, Ring Road No.2, Priyadarshini Nagar, Bilaspur, Chhattisgarh. - Versus — 1. a? Kanhaiya, S /o Dharamlal dh‘ariya, Aged about 33 years, Occupation: Driver, R/ o Ganga Nagar Colony, Ward No. 1, Kawardha, District: Kabirdham, Chhattisgarh. RESPONDENTS : ’1 Eriver) Kamlesh Jain, S/o K. Jain, R/o Main Road, Kawardha, District: Kabirdham, Chhattjsgarh. ‘ Smt. Satrupa Bai, W / o Late Dani Prasad k Chandrawanshi, Aged about 72 years, R/_ o Bitkuli, TehSil 8s Distt: Kawardha, Now District: Kabirdha, Chhattisgarh. Sulochana Bai, Widow of Late Sushil Kumar Chandrawanshi, y Aged about 38 years. 1 5} Sandeep, S/o Late Sushil f’ u Kumar Chandrawanshi, Aged about 2 1 years, Occupation: Student. “a; :Ldn w i , 6. Gudda alias Anurag f ‘ Chandrawanshi, S/ o Late Sushil Kumar Chandrawanshi Aged about 19 years, Occupation: Student. Kum. Manisha, ’ § D/c Late Sushjl Kumar Chandrawanshi, Aged about 17 years, Occupation: Student, Sulochana Bai, Widow of Late Sushil Kumar Chandrawanshi. . Minor through her mother Respondents No.4 to 7 [claimants are residents of Village: Bitkuli, Post: Goodha, Tehsil 8r. District: Kawardha, Chhattisgarh. Present address: Civil Lines, Kawardha, District: Kabirdham, Chhattisgarh. , IGH COURT OF CHHATTISGARH : BILASPUR M. A. N0. 513 0f 2005 National Insurance Company Ltd. Kanhaiya 8t, others Appellant Respondents Versus APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, l§88 DB: Hon’ble Shri I. M. Quddusi 85 Hon’ble Shri N. K. Agarwal, JJ Shri Sanjay K. Agarwal, Advocate with Shri Sourabh Sharma, Advocate for the appellant. Shri Basant Dewangan, Advocate for the respondents No‘ 1 and 2. ORDER (Oran ( Passed on this 26th day of November, 2010 ) Per I. M. Quddusi, J. Heard: The instant appeal arises from the award dated 10. 1 .2005, passed by the Additional Motor Accident Claims Tribunal (FTC), Kabirdham, in Ciaim Case No. 52 /2oo3. n filed by the respondents No. 4 to 7, being legal heirs of the deceased Sushil Chandravanshi, who died in an accident On a claim petitio n 15m July, 2003, due to the ,rash and negligent driving of the non—applicant No. 1 by Truck C.G. 07/ZC/2678, learned Tribunal awarded a sum of Rs. 7,57,000/ — as compensation. Being aggrieved, ,F the appellant insurance company has filed the instant appeal on the ground of quantum. I Indisputably, the appellant — Insurance Company has not obtained 170 of the Motor Vehicles Act, 1988, the permission under Section which reads .as under : “170. Impleading insurer in certain cases. Where in the course of any inquiry, the Claims Tribunal is satisfied that -— a (a) there is collusion between the person making the claim ,' and the person against whom the claim is made, or H o (b) the person against whom the claim is made has failed to contest the claim, it‘may, for reasons to be recorded in writing, direct that the insurer Who may be liable in respect of such claim, shall be impleaded as a party to the proceeding 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 against Whom the claim has been made.” 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 specified in Section 170 of 1988 Act is satisfied, Insurance Companyhas no right of appeal to challenge the award on merits. In View of the above settled position of law, the instant appeal on behalf of the appellant Insurance Company, in absence of permission under Section 170 of the Act, 1988, is not maintainable and the same is dismissed. No order as to costs. Sdl- Sdl- Agawal l.M.Quddusi Judge N.K. Judge Thakur