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M. S. SONAK
Cholamandalam – Appellant
Versus
Devidas Zalmi – Respondent
JUDGMENT
M. S. Sonak, J. - Heard Ms Gauri Borkar for the appellant.
2. Ms Borkar, fairly states that in this case no leave under Section 170(b) of the M.V. Act was obtained by the insurance company before the Tribunal. The appeal, is on the issue of quantum of compensation.
3. Therefore, 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 ors. (2020) 2 Bom CR 465, this appeal will have to be dismissed as not maintainable.
4. 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 appeal filed by the Insurance Company questi
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 requirement of obtaining leave under Section 170 of the Motor Vehicles Act, 1988 before filing an appeal regarding compensation.
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....
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 appeal questioning the quantum of compensation would not be maintainable in the absence of permission under Section 170(b) of the Motor Vehicles Act.
Failure to obtain leave under Section 170 of the Motor Vehicle Act renders an appeal not maintainable.
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