Failure to comply with the procedural requirement under Section 170 of the M.V. Act renders an appeal not maintainable.

B.K. Sangalad, J.—The Insurance Company alone has preferred this appeal being aggrieved by the Judgment and Award in M.V.C. No. 1453/91, awarding the compensation of Rs. 2,55,100/-.

2. The facts of the case regarding place, time and date of accident and the negligence are not in dispute. Mr. S.P. Shankar, learned Counsel for the appellant submits that the amount that is awarded is on the higher side. On the other hand Mr. Vijayakumar, learned Counsel for the respondent-claimants relied upon a decision in case of Shankarayya and Another Vs. United India Insurance Co. Ltd. and Another, (1998) 6 AD SC 33 submitted that appeal itself is not maintainable.

3. It is also on record that the appellant had not filed any application under Section 170 of the M.V. Act for obtaining permission from the Court to contest on all the points. In view of this decision and in view of the mandate the appeal is not maintainable. Hence appeal stands dismissed.