IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU M.A.C.M.A.No.557 of 2008 DATE:17.06.2010 Between: The New India Assurance Co., Ltd., rep. By its Br. Manager, holding his Tirupati …… Appellant/respondent-2 And: M.Nirmala and others. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU M.A.C.M.A. No.557 of 2008 JUDGMENT : Insurance company is the appellant. The insurance company questions finding with regard to negligence as well as quantum of compensation awarded by the lower Tribunal. There is no violation of insurance policy conditions in this case. The appellant’s counsel fairly submitted that his counter part in the lower Tribunal did not file any petition under Section 172 of the Motor Vehicles Act and did not obtain permission of the lower Tribunal for stepping into shoes of the insured on the ground that there appears to be some collision between the insured and the claimant. Since no permission was obtained by the insurance company under Section 172 of the Act in the lower Tribunal, the appellant is estopped from filing appeal questioning negligence as well as quantum of compensation (vide National Insurance Company Limited, Chandigarh V. Nicolletta Rohtagi[1]). Hence, this appeal fails. 2) Accordingly, the appeal is dismissed with costs. _______________________________ SAMUDRALA GOVINDARAJULU, J June 17, 2010 KSH [1] 2002(6) ALT 43 (SC)