National Insurance Company Ltd. v. Nicollatta

Delhi High Court · 08 Sep 2011 · 2011:DHC:15039
Indermeet Kaur
MAC APPEAL No.809/2011
2011:DHC:15039
civil appeal_dismissed Significant

AI Summary

Appeal against Motor Accident Claims Tribunal award dismissed for non-obtaining mandatory permission under Section 170 of the Motor Vehicles Act, despite condonation of delay.

Full Text
Translation output
A-55
% 08.9.2011
Present: Ms.Suman Bagga, Advocate for the appellant.
+CM No.16796/2011 (for delay) in MAC APPEAL
No.809/2011
*
In view of the averments made in the application the delay of
87 days in filing the appeal is condoned. Application is disposed of.
CM No.16795/2011 (for exemption)
Exemption is allowed subject to just exceptions.
MAC APPEAL No.809/2011 & CM No. 16794/2011
This appeal has impugned the Award dated 08.03.2011 vide which the compensation of Rs.l,50;000/- along with interest @ 7.5
% per annum has been awarded. The grounds of appeal show that the quantum of the compensation has been challenged besides other grounds taken in the said grounds of appeal. In view of the
JUDGMENT
of National Insurance Company Ltd. Vs. Nicollatta
Rohtaai 2002(7) SSC 456 permission under Section 170 of the
Motor Vehicles Act is mandatory; that permission has admittedly not been obtained. Appeal is not maintainable; it is dismissed accordingly.
SEPTEMBER 8, 2011 nandan
\r
INDERMEET KAUR, J.
2011:DHC:15039