( 1 ) A common question having arisen in these seven appeals as to whether an insurance company could maintain an appeal against an award of the Claims tribunal constituted under the Motor Vehicles act, 1988, on the quantum of compensation without having obtained leave under section 170 of the said Act but upon invocation of the reservation clause, being condition No. 2 of the policy of insurance, all the seven appeals were referred to a special Bench presided over by Ajoy Nath ray, J. [2002 ACJ 1646 (Calcutta)] to consider the said question.

( 2 ) ON consideration of section 96 (2) of motor Vehicles Act, 1939, corresponding to section 149 (2) of the Motor Vehicles act, 1988 and sections 110-C (2-A) and 110-D of 1939 Act, corresponding to sections 170 and 173 of the Motor Vehicles act, 1988, and in the light of the decision in British India Genl. Ins. Co. Ltd. v. Captain Itbar Singh, 1958-65 ACJ 1 (SC), ajoy Nath Ray, J. came to the conclusion that the insurer has a right to maintain, argue and conclude an appeal by itself even on the question of quantum and merits, provided the insured stayed away from the appellate court altogether or at any stage of the appeal makes