( 1 ) THIS appeal is directed against the judgment and award dated 10. 6. 1996 passed by the Additional District Judge and Motor Accidents Claims tribunal, Mandya, in M. V. C. No. 93 of 1992, whereby the Claims Tribunal has awarded the compensation to the tune of rs. 3,39,000 with interest at the rate of 6 per cent per annum from the date of petition till realisation with costs of Rs. 800.

( 2 ) UNITED India Insurance Co. Ltd. , who was respondent No. 3 before the Tribunal (appellant No. 1 herein) has come up in appeal before this court.

( 3 ) THIS appeal has been filed by the insurance company joining the owner of the vehicle also and effort has been made to contend that the finding to the effect that the accident which resulted in the death of A. Syamasundar, was the result of contributory negligence and, therefore, the award is liable to be set aside.

( 4 ) WE have applied our mind to the contentions raised by the learned counsel for the appellants.

( 5 ) THIS contention is not at all open to the appellants. Even the perusal of the memo appeal does not indicate any ground coming within the framework of the defence available to the insurance company under section 149 (2) of the Motor Vehicles Act, 1988 has been raised therein. The appeal does not contain any ground of challenge to the award within the framework of section 149 (2) of the Motor Vehi- cles Act, 1988. In view of the law laid down in the case of Chinnama George v. N. K. Raju, 2000 ACJ 777 (SC), the present appeal is misconceived and it has not been maintainable at the instance of the insurance company. Their Lordships of the supreme Court observed in paras 5 and 6 of the said report as under: "5. Under section 149 of the Act, it is the duty of the insurer to satisfy the award against the person insured in respect of third party risks. It is not that liability of the insurer in the present case is being disputed. Insurer can defend the proceedings before the Claims Tribunal on certain limited grounds. Sub-sections (1), (2) and (7) of section 149 of the Act are relevant, which are as under: 149. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. (1) If, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected Judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 163-A is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment-debtor in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments. (2) No sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely: (a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely: (I) a condition excluding the use of the vehicle (a) for hire or reward, where the vehicle