JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Pavithran for appellant and Mr. Milton Marshall for respondents no. 1 and 2.

2. In this case, it is not disputed by the learned Counsel for the appellant that no leave was obtained under Section 170 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. Therefore, by following the law laid down by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd. Amravati vs. Surekha W/o Prakash Ghurde and Others, (2020) 2 Bom. C.R. 465, this appeal will have to be dismissed as not maintainable.

3. In I.C.I.C.I. Lombard General Insurance Co. Ltd. Case (supra), the Division Bench of this Court, after considering several decisions, including the decision in National Insurance Company Limited vs. Nicolletta Rohtagi, (2002) 7 SCC 456, United India Assurance Company Ltd. vs. Bhushan Sachdev, (2002) 2 SCC 265, United India Assurance Company Ltd. vs. Shila Datta, (2011) 10 SCC 509 and Josephine James vs. United India Insurance Company Limited, (2013) 16 SCC 711 has held that notwithstanding the reference made, the decisions in Nicoletta Rohtagi (supra) and Josephine James (supra) hold good and based upon the same, the a