1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1005 OF 1997 National Insurance Co.Ltd. ...Appellant vs. Padmasing Baliram Thakur & Ors ...Respondents AND FIRST APPEAL NO.1007 OF 1997 National Insurance Co.Ltd. ...Appellant vs. Bharati Bhalechandra Dalvi & Others ...Respondents Mr.Ramesh Cheulkar, Advocate for the Appellant CORAM :A.S.OKA,J. DATE : NOVEMBER 27, 2009 JUDGMENT : 1 Heard the learned counsel for the appellants. The appeals can be disposed of by a common Judgment and order in as much as they arise out of the claim petitions filed under section 166 of the Motor Vehicles Act,1988 (hereinafter referred to as the said Act) arising out of the same accident. First Appeal no.1005 of 1997 takes an exception to the Judgment and Award passed by the tribunal in a claim petition no.324 of 1993. First Appeal no.1007 of 1997 arises out of the Award made in a claim petition no.325 of 1993. The Appellant is the insurer of the vehicle involved in the accident. 2 When a query is made to the learned counsel for the appellant as to how the appeals are maintainable in as much as leave under section 170 of the said Act 1988 was 2 not applied for and was not granted, the learned counsel for the appellant has placed reliance on the decision of Orissa High Court in case of The New India Assurance Co. Ltd. Vs. Surjyamoni Padhi and others (AIR 1980 Orissa 17). He submitted that in view of the said decision, the appeal is maintainable. 3 However, the law on this aspect has been laid down by the Apex Court in case of National Insurance Company Ltd. Vs. Nicolletta Rohtagi [(2002) 7 S.C.C.page 456 as well as in the case Sadhna Lodh Vs. National Insurance Co. Ltd. [(2003) 3 S.C.C. page 524]). There is no defence raised by the Appellant under section 149 of the said Act of 1988. Admittedly, there was no leave obtained under section 170 the said Act. In view of the binding precedent of the decisions of Apex Court, the decision of the Orissa High Court will not help the appellant. Hence, the appeals will have to be dismissed as not maintainable. 4 Accordingly, I pass the following order : 5 The appeals are dismissed with no order as to costs. The amounts deposited by the appellants in this court shall be transferred to the concerned tribunal and the concerned tribunal will pass an appropriate order for disbursement of the said amounts. JUDGE