Rakesh Kumar Garg, J.
CM No.24946-CII of 2009
1. After hearing learned counsel for the appellant, delay of one day in filing this appeal is condoned. Civil Misc.application is disposed of.
2. This is insurer''s appeal challenging the impugned award whereby the claimant/respondent No.1 has been awarded compensation of Rs.2 lacs
on account of death of her 18 years old son, Manjit Singh, caused in a motor vehicular accident involving Indica car No.PB-11-X-9997, being
driven by respondent No.2.
3. The only argument raised by the appellant in this case is that the compensation of Rs.2 lacs awarded by the Tribunal u/s 163A of the Motor
Vehicles Act, 1998 is not as per the structured formula as per Schedule of the Act and, thus, the impugned award is liable to be set aside.
4. There is no merit in this contention as the appellant-insurance company cannot maintain this appeal to challenge the impugned award on the
question of quantum as no such ground/defence is available to the appellant-company as envisaged u/s 149 of the Act.
No other point was raised.
Dismissed.
