1985 Supreme(MP) 456

K. M. Agarwal, J.
National Insurance Co. v. Rita Nigam.
Misc. Appeal No. 3 of 1977 (G); Decided on 23-9-1985.

Headnote:(1) Motor Vehicles Act, 1939 -- Ss. 110-D & 96 (2) -- appeal under -- owner of vehicle not aggrieved -- amount of award being covered by policy -- insurer cannot challenge quantum and finding of rash and negligence of driver -- appeal by both not competent.

        (2) Civil P. C., 1908 -- O. 41, R. 22 -- cross objections filed in incompetent appeal -0- not entertainable.

        This appeal has been filed by the Insurer and the owner of the vehicle against the award of compensation made by the Claims Tribunal, Gwalior. It is not disputed that the amount awarded by the Claims Tribunal is covered by the policy of insurance. Under the circumstances, the appellant owner is not a party aggrieved, who can challenge the award by filing an appeal. In view of the provisions of section 96 (2) of the Motor Vehicles Act, 1939, the Insurer cannot challenge the quantum of compensation or the findings about rash and negligent driving as held by this Court in Misc. Appeal No. 69 of 1983, decided on 8-4-1985 between National Insurance Co. Ltd. and another v. Nek Ram Singh (1985 MPWN No. 379).

        The respondents have also preferred a cross-objection for enhancement of the amount of compensation awarded to them by the Claims Tribunal. Since the appeal itself was incompetent, no cross-objection could have been entertained. Under the circumstances, the appeal as well as the cross-objection deserves to be dismissed. 1985 NMPW 379 relied on. Appeal and cross objections dismissed.