JUDGMENT

P. K. MOHANTY, J. — The appeal is by the Insurance Company against the order of the learned 5th Motor Accident Claims Tribu¬nal, Bhubaneswar awarding a sum of Rs. 2,65,500/- as compensation of favour of the claimant-respondents with interest.

2. Sri P. C. Pattnaik, learned counsel for the claimants/respondents has raised the question of maintainability of the appeal on merit at the instance of the Insurance Company in absence of an order of the Claims Tribunal passed under Sec. 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) to contest the award on merit. It is his submission that the appellant/Insurance Company having not moved the learned Tribunal under Sec. 170 of the Act for being impleaded as a party to the proceeding and contesting the same, it cannot challenge the award on merits only because it was impleaded as a party to the claim proceeding by the claimants. The leaned counsel argues that the Insurance Company an only challenge the award of the Tribunal on the grounds as are available under Sub-sec. (2) of Sec. 149 of the Act.

3. Sri. S.S. Rao, learned counsel for the appellant/insurer, on the other hand, submits that since the Insuranc