FAO NO. 2657 OF 1998 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO NO. 2657 OF 1998 Date of decision: 1st July, 2010 The New India Assurance Company Limited ..........Appellant Versus Pritam Kaur and another .........Respondents FAO NO. 2658 OF 1998 The New India Assurance Company Limited ..........Appellant Versus Bant Singh and another .........Respondents Before: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. V. Ram Swaoop, Advocate for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? K.Kannan, J.(Oral) 1. Both these appeals arise out of the same award and they are taken up together. 2. The appeals are with regard to the quantum and the permission to defend the case on all grounds has been made for the first time only in this Hon'ble High Court in C.M. No. 15418 & FAO NO. 2657 OF 1998 2 15419-CII of 1998 in FAO NO. 2657 of 1998 and C.M. No. 15420 and 154211-CII of 1998 in FAO No. 2658 of 1998. Such a permission must be obtained at the trial before the conclusion of arguments before the Tribunal and it cannot be sought for the first time in appeal. The challenge to quantum is not one of the available defences under Section 149 of the Motor Vehicles Act and therefore, the appeals challenging the quantum are not maintainable. 3. The applications seeking for permission under Section 170 of the Motor Vehicles Act in the appeals are also dismissed. [K.KANNAN] JUDGE 1st July, 2010 Shivani Kaushik