F.A.O.NO. 899 OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 899 OF 2010 Date of decision: 23rd July, 2010 National Insurance Company Ltd., through its Regional Manager, SCO No.334-336, Sector 34, Chandigarh .......Appellant Versus Mam Chand and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Megrik Sharma, Advocate, for the appellant. Mr. S.S.Gill, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company is in appeal treating the award as having been passed under Section 163-A of the Motor Vehicles Act. The contention was that the claimant was earning more than Rs.6,000/-in which case an application under Section 163-A is not maintainable. He also challenges the compensation awarded for medical expenses in excess of what is statutory permissible under Schedule II. 2. Learned counsel for the respondent states that the appeal was subsequently amended and the petition was prosecuted as under Section 166 and the award was ultimately F.A.O.NO. 899 OF 2010 2 passed finding the motor cyclist to be guilty of rashness and negligence. He therefore, contends that the Insurance Company cannot maintain the appeal on quantum. 3. Having regard to the fact that the adjudication is done under Section 166 of the Motor Vehicles Act, the Insurer cannot maintain the appeal on the question of quantum. Therefore, the appeal is dismissed. [K.KANNAN] JUDGE 23rd July, 2010 Shivani Kaushik