National Insurance Company Ltd. and Another vs Mosmat Jahari Devi and Others

Rekha Kumari, J.—This appeal by the Insurance Company (insurer of the vehicle) is directed against the judgment dated 9.9.2002 passed by the 1st Addl. Motor Accident Claim Tribunal, Naugachia in M.A.C.T. Case No. 116/98 whereby and whereunder it has awarded a compensation of Rs. 50,000/- to the claimants/respondents on account of death of one Sogarath Mandal in a motor vehicle accident. Learned Counsel for the appellant submitted that since no permission u/s 170 of the M.V. Act was obtained by the appellant from the Tribunal, the appeal is not maintainable and hence, the appeal may be converted in civil revision. In support of his submission he has relied on the decision of a judgment of this Court (Ranchi Bench) reported in Ranju Rani @ Ranju Devi and Others Vs. Branch Manager, The New India Assurance Company Limited, .

Learned Counsel for the respondents opposed the prayer and submitted that it has already been decided by this Bench that such conversion was not permissible.

In the case of National Insurance Company vs. Arjun Prasad reported in 2006(1) PLJR 637, this Court relying on the decision of the Supreme Court in the case of Sadhana Lodh Vs. National Insurance Company Ltd. and Another, has held that where law provides remedy for filing an appeal on limited grounds, those grounds cannot be enlarged either by filing a writ petition or by filing a revision enabling one to take ground to challenge award which are not enumerated u/s 149(2) of the Act. This Bench relying on the above decision of the Supreme Court has also already held in MA Case No. 305/2003 that such conversion is not permissible.

Therefore, in view of the above decisions based on the decision of the Supreme Court, this miscellaneous appeal is dismissed. As prayed for by the appellant, the statutory amount deposited u/s 173 by the appellant may be disbursed in favour of the claimants on proper identification.