JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Kakodkar, learned Counsel for the appellant. The respondents, though served, are absent.

2. This appeal has been filed by the appellant/Insurance Company challenging the award made under Section 166 of the Motor Vehicle Act, 1988 (said Act).

3. There is no dispute in this case that no leave was obtained under Section 170 of the said Act by the appellant/Insurance Company before the Motor Accident Claims Tribunal.

4. 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.

5. Mr. Kakodkar, learned counsel for the appellant-insurance company however pointed out that in Oriental Insurance Ltd. vs. Sangita Devi and Others, 2016 SCC Online Del. 1221 the Delhi High Court, relying upon the decision of the Hon'ble Supreme Court in United India Insurance Co. vs. Sudha Rani, Civil Appeal No. 8654/2013 decided on 24.09.2013 has held that once the insurance company is voluntarily impleaded as a party to the claim petition by the claimants, it can raise all defe