[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 121/2001 THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. SMT. SITA DEVI & ORS. Date: 27.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. C.M. Sharma for Mr. P.K. Kasliwal for the appellant. Mr. Sandeep Mathur for the respondent. **** The appellant New India Assurance Company Limited (for short 'the Insurance Company') has preferred the present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 against the impugned judgment/Award dated 25.04.98 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur (for short 'the Tribunal') in Claim Petition No. 230/1994, by which compensation to the tune of Rs. 4,67,000/- has been granted in favour of the claimants/respondents. The appellant Insurance Company has challenged the quantum of compensation awarded by the Tribunal and that too admittedly without seeking permission for filing application under Section 170 of the Motor Vehicles Act. As per the provisions, without moving application under Section 170 of the Motor [2] Vehicles Act, the quantum of compensation cannot be challenged. Even otherwise also, looking to the age and earning of the deceased the Tribunal has passed just and reasonable award to the tune of Rs. 4,67,000/- vide its impugned judgment dated 25.04.98 and the same cannot said to be excessive. Even on merit also, the present appeal does not survive. Consequently, the civil misc. appeal fails being devoid of merit and the same is hereby dismissed. The stay application also stands dismissed. Record be sent back forthwith. (K.S. RATHORE), J. /KKC/