IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 381 of 2004 The Oriental Insurance Company Limited Through its Divisional Manager Nainital Road, Haldwani (Nainital) … Appellant Versus 1- Ku. Poonam Rautela, D/o Late P.P.S. Rautela, R/o 28, Naini Cottage, Cantt. Tallital, Nainital, At present Tri Nayanan, Painth Parao, Haldwani, District Nainital 2- Shri Chandra Pal Singh Rautela S/o Late Sri N. S. Rautela, R/o Tehsildar Farm, Kichha, Udham Singh Nagar … Respondents And Appeal From Order No. 382 of 2004 The Oriental Insurance Company Limited Through its Divisional Manager Nainital Road, Haldwani (Nainital) … Appellant Versus 1- Smt. Jeewanti Rautela W/o Late P.P.S. Rautela, R/o 28, Naini Cottage, Cantt. Tallital, Nainital, At present Tri Nayanan, Painth Parao, Haldwani, District Nainital 2- Shri Chandra Pal Singh Rautela S/o Late Sri N. S. Rautela, R/o Tehsildar Farm, Kichha, Udham Singh Nagar … Respondents Sri T.A. Khan, learned counsel for the appellant Manish Dalakoti, holding brief of Sri D.S. Manral, Advocate, for the respondent no. 1. Dated: April 2, 2008 Hon’ble B.C. Kandpal, J. Since both these appeals arise against the claim petitions filed in the same accident and similar controversy is involved, therefore, they are being decided by this common judgment. A.O. No. 381 of 2004, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 28.07.2004 passed by Motor Accident Claims Tribunal/Additional District Judge/Ist Fast Track Court, Nainital, in Motor Accident Claims Petition No. 100 of 2002, whereby a compensation of Rs. 30,000/- was awarded to claimant and liability to pay the compensation was fastened on the appellant-insurance company. A.O. No. 382 of 2004, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 28.07.2004 passed by Motor Accident Claims Tribunal/Additional District Judge/Ist Fast Track Court, Nainital, in Motor Accident Claims Petition No. 102 of 2002, whereby a compensation of Rs. 30,000/- was awarded to claimant and liability to pay the compensation was fastened on the appellant-insurance company. Brief facts of the case are that on 01.10.2000 claimants-Smt. Jeewanti Rautela and Km. Poonam Rautela were travelling in a Maruti Van bearing Registration No. U.P. 02-727 along with their family members from Haldwani to Kichha. At about 8.30 p.m. when they reached near Parag Farm on Haldwani-Bareilly road, the vehicle met with an accident due to sudden burst in the front tyre of the vehicle. As a result, both the claimants sustained grievous injuries on their person and they were admitted in C.H.C. Kichha and thereafter they were shifted to Sanjeevani Hospital, Haldwani. The claimants-Smt. Sanjeevani Rautela and Km. Rautela pleaded that Rs. 75000/- and Rs. 35000/- respectively was incurred on their treatment. Opposite party no. 2 was the owner of the vehicle and the Oriental Insurance Co. Ltd. (appellant before this Court) was the company with whom the vehicle was insured. Here, in these appeals for the first time it has been stated by learned counsel for the appellant-insurance company that though the vehicle in question was insured but the premium was not paid, therefore, it could not be said that the vehicle was insured at the time of accident. Learned counsel for the appellant has submitted that there was breach of insurance policy. I have perused the impugned award passed by the Tribunal. The Tribunal has recorded the finding that the vehicle in question was insured at the time of accident. The points raised before this Court appear to have been not pressed before the Tribunal. Therefore, this contention raised by learned counsel for the appellant has no force. On perusal of the grounds of appeals it appears that the present appeals have been filed only for reduction of quantum of the compensation. It has been held by the Hon’ble Apex Court in National Insurance Company Ltd., Chandigarh Vs. Nicolletta Rohtagi and others, reported in (2002) 7 SCC 456 that the Insurance Company could not file an appeal on the quantum. In the present cases, the insurance company has not filed any application before the Tribunal for reserving its right to contest the petition on all of the grounds, therefore, the appeal filed by the insurance company for interference in the quantum of compensation awarded by the Tribunal is not tenable. In view of above, the appeals lack merit and are liable to be dismissed. Accordingly, appeals are dismissed. The impugned judgments and orders passed by Tribunal, are confirmed. Let a copy of this order be placed in the file of A.O. No. 382 of 2004. (B.C. Kandpal, J.) SP