National Insurance Company Ltd. v. Nicollatta

Delhi High Court · 05 Sep 2011 · 2011:DHC:15036
Indermeet Kaur
MAC APPEAL No.799/2011
2011:DHC:15036
civil appeal_dismissed Significant

AI Summary

The court dismissed the motor accident claim appeal for lack of mandatory permission under Section 170 of the Motor Vehicles Act despite condoning delay and granting exemption.

Full Text
Translation output
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% 05.9.2011
Present: Ms.Rameeza Hakim, Advocate for the appellant.
+CM No. 16585/2011 (for delay) in MAC APPEAL
No.799/2011
*
In view of the averments made in the application the delay of
124 days in filing the appeal is condoned. Application is allowed.
CM NO.16586-87/2011 (for exemption)
Exemption is allowed subject to just exceptions.
MAC APPEAL No.799/2011 & CM No.l6584/2011(for stay)
This appeal has impugned the Award dated 24.01.2011 vide which the compensation of Rs.9,80,400/- 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
Rohtaoi 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.
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INDERMEET KAUR, J.
SEPTEMBER 05, 2011 nandan
2011:DHC:15036