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I-33 HIGH COURT OF DELHI
MAC.APP .733/2010
CHOLAMANDALAM MS GENERAL INS CO;TD ..... Appellant
Through : Ms. Suman Bagga, Advocate.
MAC.APP .733/2010
CHOLAMANDALAM MS GENERAL INS CO;TD ..... Appellant
Through : Ms. Suman Bagga, Advocate.
VERSUS
KUSUM DEVI & ORS ..... Respondents
Through . CORAM:
. HON'BLE MS. JUSTICE REVA KHETRAPAL
08.11.2010 CM No. 19659/2010 Exemption granted subject to all just exceptions.
The application stands disposed of.
MAC APP. NO. 73312010 and CM No. 19658/2010 (for stav)
This appeal has been prefened by the appellant assailing the Award dated
21" August,2010 passed by the Motor Accident Claims Tribunal on the aspect of quantum of compensation awarded by the Tribunal. It is admitted by the appellant that since the owner and driver of the offending bus contested the claim petition on rnerits, hence no permission under Section 170 of the Motor Vehicles
Act, 1988 could be obtained by the appellant.
MAC APP. No. 733/2010 Pase No. I of 2 th t 2010:DHC:12451
/ 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 Claims Tribunal on grounds other than those enumerated under Section 149(2) of the Motor Vehicles Act, 1988, the present appeal is not maintainable and is accordingly dismissed as such.
U K)-*-*YJ REVA KIIETRAPAL,J ', NOVEMBER 08,2010 sk
MAC APP. No.733/2010 Pase No. 2 of 2 2010:DHC:12451
Through . CORAM:
. HON'BLE MS. JUSTICE REVA KHETRAPAL
08.11.2010 CM No. 19659/2010 Exemption granted subject to all just exceptions.
The application stands disposed of.
MAC APP. NO. 73312010 and CM No. 19658/2010 (for stav)
This appeal has been prefened by the appellant assailing the Award dated
21" August,2010 passed by the Motor Accident Claims Tribunal on the aspect of quantum of compensation awarded by the Tribunal. It is admitted by the appellant that since the owner and driver of the offending bus contested the claim petition on rnerits, hence no permission under Section 170 of the Motor Vehicles
Act, 1988 could be obtained by the appellant.
MAC APP. No. 733/2010 Pase No. I of 2 th t 2010:DHC:12451
/ 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 Claims Tribunal on grounds other than those enumerated under Section 149(2) of the Motor Vehicles Act, 1988, the present appeal is not maintainable and is accordingly dismissed as such.
U K)-*-*YJ REVA KIIETRAPAL,J ', NOVEMBER 08,2010 sk
MAC APP. No.733/2010 Pase No. 2 of 2 2010:DHC:12451
JUDGMENT