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1998 Supreme(Kar) 776

H.N.TILHARI
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
GOWRAMMA – Respondent


Advocates:
S.P.SHANKAR, S.V.TILGUL

HARI NATH TILHARI, J.

( 1 ) HEARD Mr. S. P. Shankar, learned counsel for the appellant and Mr. S. V. Tilgul, learned counsel for the respondents. The respondents had also applied for being permitted to withdraw the amount, but Mr. Tilgul wanted the appeal to be disposed of and raised the preliminary objections to the maintainability of the appeal itself under section 30 of the Workmen 's Compensation Act read with section 149 (2) of the Motor Vehicles Act, for short, 'the WC Act' and 'mv Act' respectively.

( 2 ) MR. Tilgul, learned counsel for the respondents submitted that the present appeal has been filed by the insurance company alone and the grounds for challenge relate only to the quantum of the compensation awarded. He submitted that in view of section 149 (2), the defences open to the insurance companies are likely those which relate to the liability of the company or extent of the liability of the company under insurance policy which circumscribes the ground on which the insurance company can resist the claim made before the authority dealing with the motor accidents claims compensation. He submitted the grounds on which the award can be challenged by the insurance company









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