JUDGMENT

V. K. Khare, J.-Leave granted.

2. The short question that arises for our consideration in this group of appeals is where an insured has not preferred an appeal under Section 173 of The Motor Vehicles Act, 1988 (hereinafter referred to as 1988 Act ) against an award given by the Motor Accidents Claims Tribunal (hereinafter referred to as Tribunal ), is it open to the insurer to prefer an appeal against the award by the Tribunal questioning the quantum of the compensation, as well as finding as regards the negligence of the offending vehicle .

3. Before we proceed further, it is necessary to set out brief facts of the cases, which have given rise to the aforesaid question.

4. In Civil Appeal No. 5911 /2002 @ S.L.P. (Civil) No. 9238/2000, the appellant was grievously injured in a motor vehicle accident on 29.5.1993. He preferred a claim petition before the Tribunal and the Tribunal granted a compensation to the tune of Rs. 1,50,415/- against the insurer and the insured jointly. The insurer was directed to deposit the decretal amount. The insured did not file any appeal. On appeal being filed by the insurer, the High Court reduced the compensation to Rs. 84,375/-. In this appe