ABHAY AHUJA
Madhav S/o. Vitthal Chattekar – Appellant
Versus
Mohammad Ali S/o. Mubarik – Respondent
JUDGMENT :
1. This is an appeal challenging the order dated 25th March 2022, passed by the Motor Accident Claims Tribunal (Tribunal), Kelapur, Yavatmal, in an application under Section 140 of the Motor Vehicles Act, 1988 (M.V. Act) in Motor Accident Claim Petition No.51 of 2017.
2. The Appellant is the Claimant, who has filed the Motor Accident Claim Petition No.51 of 2017 before the M.A.C.T. Kelapur under Section 166 of the M.V. Act, 1988 for grant of compensation of Rs.5 lakhs for the injuries and permanent disablement caused to him due to the accident between the tractor trolly in which he was travelling and a truck which came and hit the tractor trolly from behind. It is claimed by the Appellant that he sustained grievous injuries over his body and has become permanently disabled. That he has lost his working and earning capacity, and therefore, the claim petition. In the claim petition, the Appellant had made an application under Section 140 of the M.V. Act seeking compensation of Rs.25,000/- under the principle of “No Fault Liability.” Vide its order dated 25th March 2022 impugned in this appeal, the tribunal on the basis of prima-facie findings that at the time of the accident
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The main legal point established in the judgment is that the appeal against an order under Section 140 of the Motor Vehicles Act is not maintainable if the amount in dispute is below the threshold li....
The main legal point established in the judgment is that unless the amount involved in the dispute is at least One lakh rupees, no appeal is maintainable under Section 173(2) of the MV Act.
The main legal point established in the judgment is that unless the amount involved in the dispute is at least One lakh rupees, no appeal is maintainable under Section 173(2) of the Motor Vehicle Act....
The appeal against the Motor Accident Claims Tribunal's award is not maintainable if the compensation amount is below one lakh rupees.
An appeal is maintainable against an award under Section 140 of the Motor Vehicles Act, as it constitutes an award under Section 173, and revisions are not permissible.
The disputed amount in the appeal, not the amount awarded, determines the maintainability under sec. 173(2) of the Motor Vehicles Act, 1988.
An insurer cannot challenge a compensation award on merits, including quantum and negligence, unless the tribunal has explicitly granted permission under the relevant statutory provisions. Absent suc....
The court emphasized the application of the Second Schedule for calculating compensation under the MV Act.
An appeal under the Motor Vehicles Act is unmaintainable if the amount in dispute is less than Rs. 10,000 as per S.173(2).
Personal Accident coverage claims cannot be filed under Section 166 if the claimant is the vehicle owner; such claims are contractual and not statutory.
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