:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL STAMP NO. 8121 OF 2008 WITH CIVIL APPLICATION NO. 2586 OF 2008 The Oriental Insurance Company Ltd. ..Appellant Vs. Smt. Sonal Satyen Shah and anr. ..Respondents Mr. Yaan Bhargavan i/by Bhargavan and Associates for appellant. Mr. T.J. Mendon for respondent nos.1 to 4. CORAM: B.H. MARLAPALLE & D.B BHOSALE,JJ. CORAM: B.H. MARLAPALLE & D.B BHOSALE,JJ. CORAM: B.H. MARLAPALLE & D.B BHOSALE,JJ. Reserved on: August 22, 2008. Reserved on: August 22, 2008. Reserved on: August 22, 2008. Pronounced on: August 29, 2008. Pronounced on: August 29, 2008. Pronounced on: August 29, 2008. P.C.: P.C.: P.C.: 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) against the award dated 29/9/2007 passed by the Motor Accident Claims Tribunal at Mumbai in Application No. 1281 of 1995. The appellant is the Insurance Company and it seeks to challenge the quantum of compensation. 2. Admittedly, the appellant-insurer had not :2: filed an application under Section 170 of the Act before the Tribunal and, therefore, this appeal cannot be entertained on any other grounds other than those mentioned in Section 149(2) of the Act as has been held by the Apex Court in the case of National Insurance Co. Ltd. vs. Nicolletta Rohtagi and ors. [(2002) 7 SCC 456]. The remedy available to the insurer is by way of a Civil Revision Application. 3. The learned counsel for the appellant, therefore, seeks leave to withdraw the appeal with liberty to file a Civil Revision Application. 4. Leave granted and the appeal is disposed as withdrawn with liberty as is available in law. Refund of court fees as per the Rules. 5. Civil Application No. 2586 of 2008 does not survive and shall stand disposed as such. (D.B. Bhosale,J.) (D.B. Bhosale,J.) (D.B. Bhosale,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)