The Oriental Insurance Company Ltd. vs Smt. Anju and Others

B.S. Verma, J.

(Review/Modification Application No. 303 of 2011)

Heard learned Counsel for the review applicant and perused the record.

This appeal was dismissed as not maintainable at the admission stage by this Court vide order dated 18-4-2011. This Court while dismissing the appeal has observed in the order that before the Motor Accident Claims Tribunal the insurance company has not sought permission by filing application u/s 170 of the Motor Vehicles Act (for short the Act).

The review/modification application has been filed on the ground that in the impugned order, this Court has observed that the Appellant has not sought permission u/s 170 of the Act, while the application u/s 170 of the Act was moved by the Insurance Company before the Tribunal but the same was rejected.

In the present appeal, the Appellant-insurance company has questioned the impugned award dated 6-1-2011 passed by the Motor Accident Claims Tribunal/Additional District Judge/1st Fast Track Court, Roorkee, district Haridwar in Claim Petition No. 68 of 2009 Smt. Anju and Ors. v. Uttarakhand Transport Corporation and Ors., on the point of negligence as well as on the point of quantum of compensation alone. The Appellant has not alleged violation of policy condition or any other ground available to the insurance company to question the impugned award.

It is pertinent to mention here that in the memo of appeal, the Appellant has neither disclosed that the Appellant had sought permission of the Tribunal as envisaged by Section 170 of the Act or that the application was moved by the Appellant but the same was rejected. This Court relying upon the verdict of the Apex Court in the case of National Insurance Co. Ltd., Chandigarh Vs. Nicolletta Rohtagi and Others, has dismissed the appeal at the admission stage.

Since the Appellant by means of the review/modification application has for the first time brought to the notice of this Court that the application u/s 170 of the Act was in fact moved before the Tribunal and the same was rejected by order dated 24-12-2010, but the Appellant has neither challenged the said order before higher forum nor has challenged the order dated 24-12-2010 in the present appeal, after the award was passed by the learned Tribunal.

In the above facts and circumstances, the Appellant-insurance has utterly failed to make out a case in its favour. In any view of the matter, the Appellant has no right to question the impugned award on the point of negligence as well as quantum of compensation.

There is no good ground to review the order of dismissal dated 18-4-2011 passed by this Court.

Accordingly, the review/modification application No. 303 of 2011 is dismissed.