FAO NO.169 of 1996(O&M) [1] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.169 of 1996(O&M) Decided on : April 07, 2010 New India Assurance Co.Ltd. ... Appellant VERSUS Chatin Kaur and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Neeraj Khanna, Advocate for the appellant. Mr.M.L.Saini, Advocate. A.N.JINDAL, J.- This is an appeal against the award dated 28.9.1995 passed by Motor Accident Claims Tribunal, Patiala (herein referred as `the Tribunal') awarding compensation to the tune of Rs.4,80,000/- along with interest @ 12% per annum from the date of filing of the petition till realisation, in favour of the claimants – respondents No.1 to 5 and against the appellant and respondent No.6 jointly and severally. Now, the Insurance Company has come up in appeal challenging the quantum of compensation. The Insurance Company in its appeal has also added M/s K.B.Concrete (owner of the offending truck) as appellant No.2 by furnishing fresh memo of parties, without any such application or FAO NO.169 of 1996(O&M) [2] permission. Therefore, the owner of the offending truck would be treated to have not filed any appeal. Arguments heard. The Insurance Company at the appropriate time did not move any such application under Section 170 of the Motor Vehicles Act for contesting the claim on all the grounds, therefore, in view of the bar created by the said Section, right to challenge the quantum of compensation is not available to the Insurance Company. Resultantly, finding no merit in the appeal, the same is dismissed. April 07, 2010 ( A.N.JINDAL ) `gian' JUDGE