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Insurer to Mandatorily obtain permission of MACT

Raj Kumar Makkad ,
  06 March 2010       Share Bookmark

Court :
Allahabad High Court
Brief :
Motor Vehicles - Accident Claim - Award by Tribunal in favour of Claimant - Appeal by Insurer against same - Maintainability of appeal - Permission of Tribunal not obtained by Insurer - Section 149(2) and Section 170 of Motor Vehicle Act, 1988
Citation :
The New India Assurance Co. Ltd. v. Smt. Kamla Devi and 8 Ors. (Decided on 05.02.2010) MANU/UP/0054/2010
Held, for the filing of the appeal by the insurer it has been specifically ruled by the Hon'ble Supreme Court that it shall be necessary to obtain permission in writing from the learned Tribunal but admittedly same has not been obtained by the appellant in the present case. There is no exception or gallery to permit the insurer to prefer an appeal without having permission in writing from the learned tribunal. In view of above, since no permission was obtained by the appellant (before approaching this Court) under Section 170 of the Act, the present F.A.F.O is not maintainable. Accordingly, appeal is dismissed.

 
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Published in Civil Law
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