ORDER :

H.L. Dattu, M.Y. Iqbal, JJ.

Leave granted.

2. This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature at Jabalpur, Madhya Pradesh in M.A. No. 4823 of 2008, dated 01.05.2009, whereby the High Court has dismissed the appeal of the appellant on the ground that since it had failed to move an application under Section 170 of the Motor Vehicles Act, 1988 (for short, 'the Act'), it was not open to the appellant to challenge the award of the Motor Accidents Claim Tribunal, Hoshangabad (for short, 'the Tribunal') in Claim Case No. 21 of 2008, dated 28.07.2008, except on grounds provided under Section 149 of the Act and therefore upheld the quantum of compensation as awarded by the Tribunal.

3. We have heard learned counsel for the parties to the lis.

4. The issues raised in this appeal, in our view, are no more res integra, in view of the decision of this Court in the case of United Insurance Co. Ltd. v. Shila Datta & Ors, (2011) 10 SCC 509. Relevant paragraphs are quoted hereunder:

"19. Therefore, where the insurer is a party-respondent, either on account of being impleaded as a party by the Tribunal under Section 170 or being implea