ORDER

In a motor vehicle accident, one Sanjiv Kumar Jha died at the spot. Consequently, the appellants filed their claims petition before the Motor Accidents Claims Tribunal, Bhagalpur. Before the Tribunal, the respondent-Insurance Company neither pleaded nor led any evidence that the driver of the truck did not have any licence. The Tribunal by an order dated 12.2.1999 gave an award for a sum of Rs. 3,91,500/-. Aggrieved, the respondent-Insurance Company preferred an appeal before the High Court. A learned Single Judge of the High Court dismissed the appeal on the ground that the same was not maintainable. Aggrieved, the respondent-Insurance Company further filed a letters patent appeal before the High Court. The Letters Patent Bench set aside the order of the learned Single and remitted the matter back upon framing issues for determination by the Single Judge. It is against the said judgment, the appellants are in appeal before us.

2. In National Insurance Co. Ltd. Chandigarh vs. Nicolletta Rohagi and Others, 2002(7) SCC 456, it was held that the insurance company cannot challenge the quantum of compensation awarded by the Tribunal. The only ground open to insurer is contained in S