Cholamandalam Ms General Ins Co Ltd v. Kusum Devi & Ors

ORDER

08.11.2010 CM No. 19659/2010 Exemption granted subject to all just exceptions. The application stands disposed of. MAC APP. NO. 73312010 and CM No. 19658/2010 (for stav) This appeal has been prefened by the appellant assailing the Award dated 21" August,2010 passed by the Motor Accident Claims Tribunal on the aspect of quantum of compensation awarded by the Tribunal. It is admitted by the appellant that since the owner and driver of the offending bus contested the claim petition on rnerits, hence no permission under Section 170 of the Motor Vehicles Act, 1988 could be obtained by the appellant. MAC APP. No. 733/2010 Pase No. I of 2 th t Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. / In view of the fact that permission under Section 170 of the Motor Vehicles Act, 1988 is a sine qua non to enable the appellant to assail the award passed by the Motor Accident Claims Tribunal on grounds other than those enumerated under Section 149(2) of the Motor Vehicles Act, 1988, the present appeal is not maintainable and is accordingly dismissed as such. U K)-*-*YJ REVA KIIETRAPAL,J ', NOVEMBER 08,2010 sk MAC APP. No.733/2010 Pase No. 2 of 2

I-33 * IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP .733/2010 CHOLAMANDALAM MS GENERAL INS CO;TD ..... Appellant Through : Ms. Suman Bagga, Advocate. versus KUSUM DEVI & ORS ..... Respondents Through . CORAM: . HON'BLE MS. JUSTICE REVA KHETRAPAL