THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1495 of 2003 And Cross objections Between The New India Assurance Co Ltd v. B. Laxman and others THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1495 of 2003 And Cross objections Common Judgment Heard the learned Standing Counsel for the appellant-Insurance company. This appeal is preferred by the Insurance Company challenging the award dated 17-4-2002 in O.P.No.418 of 1997 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Nizamabad, whereby and whereunder the Tribunal granted compensation of Rs.72,500/- for the injuries sustained in the accident occurred on 24-4-1997. It is not in dispute that the insurance company cannot question the quantum of compensation as well findings as regards negligence or the contributory negligence of the offending vehicle, unless permission is obtained under Section 170 of the Motor Vehicles Act, as held by the Supreme Court in NATIONAL INSURANCE CO. LTD. v NICOLLETTA ROHTAGI ( (AIR 2002 SUPREME COURT 3350 ). In the instance case the insurance company has not obtained any permission as envisaged under section 170 of the Motor Vehicles Act. Therefore, following the judgment of the in NICOLLETTA ROHTAGI’s case ( supra) and for the reasons given therein, this appeal is dismissed. Consequent upon dismissal of the appeal preferred by the Insurance Company, the cross objections also dismissed being meritless. No costs. GM, J Kk/1-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1495 of 2003 And Cross objections 1-7-2010