United India Insurance Co. Ltd. vs Meera Singh and others

M. Katju and R.B. Misra, JJ.—This F.A.F.O. has been filed against the impugned order of the Motor Accident Claims Tribunal dated 17.5.2001. We have heard learned counsel for the appellant. In our opinion, this appeal is not maintainable in view of the decision of the Supreme Court in the case of Shankarayya and another v. United India Insurance Company Ltd. and another. 1998 AC 379 which has been followed by a Division Bench of this Court in Oriental Fire and General Insurance Co. v. Smt. Nirmala Devi 2001 AC 483

Learned counsel for the appellant has relied on two decisions of Division Benches of this Court, United India Insurance Co. Ltd. v. Manisha Porwar 1992 AC 442 as well as Oriental Insurance Co. Ltd. v. Nanhoomal Sharma and another. 2000 AWC 2655. These decisions have not taken into consideration, the decision of the Supreme Court in Shankarayya''s case (supra). On the other hand, the Division Bench decision in Oriental Fire and General Insurance Co. (supra), has taken into consideration Shankarayya''s case. Hence the two Division Bench decisions cited by the learned counsel for the appellant are not good law in view of the decision of Shankarayya''s case (supra). It has been held in Shankarayyas case that no appeal is maintainable except on statutory grounds contained in Section 149 of the Motor Vehicles Act unless an order u/s 170 has been passed in favour of the insurance company.

In the result, this appeal is not maintainable and is dismissed. The amount deposited by the appellant in this Court shall be returned to the appellant.