Hon'ble Dr. Satish Chandra,J.
This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 (In short 'the Act') against the award of Motor Accident Claims Tribunal. Learned counsel for the respondents has raised a preliminary objection that the present appeal is not maintainable as no permission under Section 170 of the Act was obtained from the learned Tribunal. However, learned counsel for the appellant submits that the permission is not required since the trolly which was attached with the tractor was not insured. In the present case, the accident seems to be caused by the tractor trolly attached with it. No permission was obtained by the appellant under Section 170 of the Act. Accordingly, in view of law settled by the Hon'ble Supreme Court in the case reported in 2003(3) T.A.C. 293 (S.C.); National Insurance Co. Ltd. vs. Nicolletta Rohtagi and others, the appeal is not maintainable. It is accordingly dismissed.
Order Date :- 10.5.2010 kkb/