rovision of appeal has been provided under Section 173 of Motor Vehicle Act.

But the courts have

held that the right to appeal is available only to the driver and owner against whom the award is
passed. The right of Insurance Company to file appeal is not permitted on the ground of quantum or
negligence. Insurance Company can file appeal only on the ground of statutory defences available.

In circumstances where the application under Section 170 has been rejected, the insurance
Company has got right of one judicial review on the reasons of rejection either by filing writ petition
or to agitate the matter in appeal. Similarly, in all other circumstances where no order has been
passed by the court or no reasons have been recorded by the Tribunal. Such act cannot be
accountable to the insurer and the insurer must get an opportunity to challenge the same. I am
impressed by a judgment passed by Himachal Pradesh High Court in which the court has referred
the 3 Judges Bench Supreme Court judgment of Nicolletta Rohtagi and has held that in these
circumstances the insurer can file appeal and agitate these issues in appeal before the Court and if
the court found it proper will permit to continue the appeal and to decide the appeal on merit.

In my humble opinion this provision (section 173) is not of benefit to anybody because it do not
provide the right to appeal to one of the litigating party who has to make payment of compensation
i.e. insurer. If the owners are not participating or presenting themselves in order to help the
claimants, the insurer would not be in a position to control the high awards in want of cross
examination of income and other issues. Legislature has already restricted the right of defense but a
further restriction of not participating in the trial would not be just. There is imminent need of
amendment to permit the insurer to contest the claims as they are the persons who have to make
payment of the compensation. Once the insurance cover is available, the owner feels safe and do
not help the Insurance Company in the process of contesting the claim.

Further, now a days, if seriously quantified, a good number of cases are coming as a flood in the
courts of law for compensation. This is because of huge sum of compensation are allowed to the
claimants and for that purpose fake accidents, fake drivers are planned with the connivance of the
police. The police in connivance do not investigate the mater of delay in lodging of F.I.R., delay in
recording of statements. In these circumstances, a right to contest on merit and quantum should be
provided to the Insurance Company in order to make the contest just and equitable.

Conclusion and Suggestions:

The law of accident claims is fast growing and the amendments to suit the requirement of the object
are necessitated but at the same time interest of those should be watched who are disbursing the
compensation i.e. Insurance Companies. With