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M. S. SONAK
National Insurance Co. Ltd – Appellant
Versus
Master Frewin Seby De Melo – Respondent
JUDGMENT
1. Heard Mr. A.R.S. Netravalkar for the Appellant, Mr. Sudin Usgaonkar, learned Senior Advocate with Ms. Vinita Palyekar, learned Advocate for respondent no.1, and Mr. Shailesh Redkar learned Advocate for respondent no.2.
2. The challenge in this appeal is to the judgment and award dtd. 3/1/2015 as corrected by the order dtd. 3/3/2015 made by the Motor Accident Claims Tribunal in Claim Petition No.158/2011. Accordingly, the Insurance Company institutes this appeal, and the challenge is entirely on the quantum of compensation.
3. On 29/4/2022, Mr. Netravalkar pointed out that the Insurance Company applied Sec. 170 of the Motor Vehicle Act at Exhibit 64. However, the Tribunal did not dispose of such an application before making the impugned award.
4. Therefore, by order dtd. 29/4/2022 made in this appeal, the matter was remanded to the Tribunal for the limited purpose of deciding the application at Exhibit 64 and remitting the findings to this Court.
5. Accordingly, the Tribunal, by order dtd. 13/6/2022, has considered and dismissed the application at Exhibit 64.
6. Mr. Netravalkar was heard on the legality and merits of the order dtd. 13/6/2022, even without any formal amend
The main legal point established is that the appeal by the Insurance Company questioning the quantum of compensation would not be maintainable in the absence of permission under Sec. 170 of the Motor....
An appeal questioning the quantum of compensation would not be maintainable in the absence of permission under Section 170(b) of the Motor Vehicles Act.
The central legal point established in the judgment is that an appeal questioning the quantum of compensation would not be maintainable in the absence of permission under Section 170(b) of the Motor ....
The requirement of obtaining leave under Section 170 of the Motor Vehicles Act, 1988 before filing an appeal regarding compensation.
Failure to obtain leave under Section 170 of the Motor Vehicle Act renders an appeal not maintainable.
The appeal questioning the quantum of compensation would not be maintainable in the absence of permission under Section 170(b) of the Motor Vehicles Act.
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