ICICI Lombard General Insurance Co Ltd v. Raj Taneja & Ors.

7 HON'BLE MS.

JUSTICE REVA KTIETRAPAL ORDER o 09.11.2010 CM No. L9158/2010 Exernption granted subject to all just exceptions. The application stands disposed of. MAC APP. NO. 715/2010 and cM No. 19157/2010 (for stay) (: This appeal has been preferred by the appellant assailing the Award dated 23'd July, 2010 passed by the Motor Accident Clairns Tribunal on the aspect of - quanturn of compensation awarded by the Tribunal. It is admitted by the appellant that since the owner and driver of the offending car contested the clairn petition on rnerits, hence no permission under Section 170 of the Motor Vehicles Act, 1988 could be obtained by the appellant. MAC APP. No.715/2010 Pase No. I of[2] 2010:DHC:12454 C In view of the fact that permission under Section 170 of the Motor Vehicles Act, 1988 is a sine qua non to enable the appellant to assail the award passed by the Motor Accident Clairns Tribunal on grounds other than those enurnerated under Section 149(2) of the Motor Vehicles Act, 1988, the present appeal is not rnaintainable and is accordingly dismissed as such. L- u*,,-rJ REVA KHETRAPAL,J NOVEMBER 09.2O1O oks MAC APP. No. 715/2010 Puse No. 2 of 2 A