1. This statutory appeal u/s 173 of M.V. Act would collapse as the grounds available to the appellant-Insurance company for filing an appeal are delineated in section 149(2) of the M. V. Act of 1988, (hereinafter referred as the Act of 1988). It is settled position in law that appeal can be filed only when statute authorizes filing of such an appeal and can be filed only on the ground which the statute permits. The present appeal is not filed on the grounds mentioned in section 149(2) of the Act of 1988. The appeal on the face of it being incompetent would suffer dismissal. However, the ld counsel for the appellant referred to certain pleadings and evidence to show to the court that the respondent No.1 Raj Kumar has suffered the fatal injuries on account of accident not as a pillion rider, but was driving the scooter himself. The ld counsel for the appellant has referred to objections as also evidence brought on the record of MACT, Jammu. This appeal on the face of it, is not maintainable. However, this court deemed it appropriate to hear this appeal on the presumption that perhaps the award was obtained by practising fraud on tribunal.

2. It is settled position in law that any orde

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