THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1886 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the judgment and decree, dated 11.04.2002, in O.P.No.754 of 2000, passed by the Chairman, Motor Accident Claims Tribunal (District Judge), Nizamabad, (for brevity “the Tribunal”), allowing the petition filed seeking compensation of Rs.3,00,000/- for the death of Gaddam Sriramulu, who died in a motor accident that occurred on 03.05.1999, near Kopparthi cross roads, Nizamabad District, due to the rash and negligent driving on the part of the driver of the lorry, bearing No.AP 23/T 1622, belonging to the 5th respondent herein, the present civil miscellaneous appeal has been preferred by the insurer-Oriental Insurance Company Limited. 3. When the matter came up for hearing, it is brought to the notice of this Court that no application under Section 170 of the Motor Vehicles Act, 1988, to contest the matter on all aspects, has been filed by the appellant-insurer and, in which event, the claim of the insurer would be restricted to the extent of challenging the quantum of compensation only. 4. In view of the said lapse, exfacie, the appeal filed by the insurer is not maintainable as held by the apex Court in National Insurance Co. Ltd. v. Nicolletta Rohtagi[1]. 5. In the result, the civil miscellaneous appeal is dismissed. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 22.07.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1886 of 2003 22.07.2010 (Msr) [1] AIR 2002 SC 3350