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RAJESH BINDAL, VIJAY BISHNOI
National Insurance Company Ltd – Appellant
Versus
Master Frewin Seby De Melo – Respondent
ORDER
1. Leave granted.
2. The appellant/Insurance Company has filed the present appeal challenging the order [Dated 01.07.2022 in First Appeal No.129/2015] passed by the High Court [High Court of Bombay, Bench at Goa].
3. Briefly the facts available on record are that a vehicle bearing Registration No. GA-06D-0962, which was insured with the appellant/Company, met with an accident on 28.12.2010, as a result of which one Santana De Melo died. Master Frewin Seby de Melo, being the minor son of the deceased, filed the claim petition [Claim Petition No.158/2011] before the Tribunal [Motor Accident Claims Tribunal, South Goa, at Margao] which was allowed vide award dated 03.01.2015. The Tribunal assessed the compensation at Rs.1,89,45,000/-. It was claimed that the deceased was working as a seaman (Assistant Waiter) with the Celebrity Cruises Inc., Caribbean Way, Miami, Florida, on a monthly salary of 3,000 USD. During the pendency of the said claim petition, the appellant/Company filed an application before the Tribunal under Section 170 of the Motor Vehicles Act, 1988 [For short, ‘The 1988 Act’], praying for granting permission to take defence of collusion available under the 1988 Act,
(1) Appeal – Insurance Company when impleaded as a respondent in claim petition has right to contest claim on all available grounds, without any restriction to grounds available under Section 149(2) ....
An insurer cannot contest a claim unless collusion or failure to contest is established as per Section 170 of the Motor Vehicles Act.
Failure to obtain leave under Section 170 of the Motor Vehicle Act renders an appeal not maintainable.
An insurer can only contest claims under specific grounds laid out in legislation; independent appeals post rejection of related applications are unsustainable.
Insurer's right to appeal against compensation awards is limited unless conditions under Section 170 of the Motor Vehicles Act are satisfied.
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