Hon’ble Amitava Lala, J.—This appeal is arising out of the judgment and award dated 23rd November, 2006 passed by the learned Judge, Motor Accident Claims Tribunal, in Motor Accident Claim Petition No. 676 of 2004.

2. Right to appeal of an aggrieved from the order of the tribunal is available under Section 173 of the Act. The dispute in respect of the claim of compensation was contested between the claimants and the owner of the vehicle and ultimately the award was passed in favour of the claimants to be paid by the appellant insurance company on behalf of the owner.

3. In the court below an application was filed by the appellant/insurance company herein, under Section 170 of the Motor Vehicles Act, 1988 (hereinafter called as the ‘Act’) taking a plea that the owner of the vehicle is in collusion with the claimants, which was dismissed on 15th November, 2006 having no materials. No appeal nor any other proceeding challenging such order was made by the appellant herein. But appeal is preferred from the award. As and when it was pointed out by this Court, the learned Counsel appearing for the appellant wanted leave to incorporate the date of the order in the memorandum of appea