K.Kannan, J.

1. The point urged in both the appeals is that when, under the terms of the policy, the insurer has reserved to itself a right to contest on all grounds and, therefore, notwithstanding the statutory restriction under Section 149(2) delineating the permissible defences, the insurer is entitled to challenge even the issue of negligence and compensation. The basis or justification for such a contention is that the owner has died and, therefore, it was not possible for the insured to prefer an appeal against the quantum and negligence. Making a vague allegation of collusion for the first time in appeal, the insurer also pleads for granting permission to the insurer at the appellate stage for contesting the claim on quantum and negligence under Section 170 of the Motor Vehicles Act The learned counsel would refer to an order of reference made by this Court in New India Assurance Company Limited v. Binu Sidhu and another, (2007-1)145 P.L.R. 764 that the issue whether the Insurance Company could be permitted to challenge the award on grounds other than what are provided under Section 149(2) has been referred to a larger Bench by this Court and, therefore, the case has