ORDER :- The first respondent filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act, for brevity), seeking compensation of Rs.2,00,000/- for the injuries suffered by him in a motor vehicle accident, said to have been occurred due to the rash and negligent driving of the driver of the lorry belonging to the second respondent and insured with the appellant.

2. After contest by the second respondent and the appellant, the Tribunal having held that the accident occurred due to the rash and negligent driving of the driver of the lorry belonging to the second respondent, awarded Rs.1,50,000/- as compensation to the first respondent. Questioning the compensation awarded to the first respondent, the insured preferred this appeal and dissatisfied with the compensation awarded to him, the first respondent preferred cross-objections.

3. At the time of hearing of the appeal, the learned Counsel conceded that in view of the ratio in National Insurance Company Limited v. Nicolleta Rohtagi, 2002 (6) ALD 1 (SC) = (2002) 7 SCC 456, the appeal preferred by the appellant without obtaining permission under Section 170 of the Act is not maintainable and contended that since th

Click Here to Read the rest of this document