MAC .APP.No.242/2009 Page 1 of 2 24 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 242/2009 Date of Decision: 20th May, 2009 % UNITED INDIA INSURACE CO. LTD. ..... Appellant Through : Mr. A.K. De, Mr. Rajesh and Mr. Udit Kumar Chaturvedi, Advs. versus KARAN SINGH & ORS. ..... Respondents Through : Ms. Purnima Maheshwari, Adv. for R-1 to 5. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may Yes be allowed to see the Judgment? 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be Yes reported in the Digest? JUDGMENT (Oral) 1. The appellant has challenged the award of the learned Tribunal whereby the compensation of Rs.9,89,000/- has been awarded to the claimants. 2. The appellant has challenged the quantum of compensation awarded to the claimants. However, there is no permission under Section 170 of the Motor Vehicles Act from the learned Tribunal. 3. It is well settled that the Insurance Company cannot challenge the quantum of compensation without permission MAC .APP.No.242/2009 Page 2 of 2 under Section 170 of the Motor Vehicles Act. Reference in this regard be made to the judgments by the Hon’ble Supreme Court in the cases of National Insurance Co. Ltd. vs. Nicolletta Rohtagi, (2002) 7 SCC 456 and Shankarayya vs. United India Insurance Co. Ltd., (1998) 3 SCC 140 where the Hon’ble Supreme Court has clearly held that in the absence of defence as envisaged under Section 170 of the Motor Vehicles Act being taken over by the insurance company, the appeal filed by the insurance company cannot be maintained. 4. Notwithstanding the permission under Section 170 of the Motor Vehicles Act, the amount awarded by the learned Tribunal is just, fair and reasonable. 5. For all the aforesaid reasons, the appeal is dismissed. No costs. 6. Copy of this order be given ‘Dasti’ to learned counsel for the parties under signatures of Court Master. J.R. MIDHA, J MAY 20, 2009 aj