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ABHAY AHUJA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Intaj Mainuddin Shaikh – Respondent
JUDGMENT :
1. This is an appeal challenging the order dated 26 September 2019 below Exhibit 2 passed by the Motor Accident Claims Tribunal, Mumbai (“MACT, Mumbai”) in an application under Section 140 of the Motor Vehicle Act, 1988 (the “MV Act”) in Claim Petition No. 849 of 2016 (the “said claim petition”).
2. Earlier the Respondents in the appeal had filed the said claim petition under Section 166 of the MV Act claiming compensation on account of an injury in an accident. The Respondents had also filed an application under Section 140 of the MV Act seeking compensation of Rs. 25,000/- under the “Principle of No Fault Liability”. By the impugned order (below Exhibit No.2), the MACT, Mumbai had allowed the application and passed the following order:-
2. I have gone through the copy of FIR bearing Crime No. 169/2015 for the offence punishable U/s 279, 338 of the Indian Penal Code registered against the driver of offending vehicle, copy of insurance policy, disability certificate
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 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 appeal against the Motor Accident Claims Tribunal's award is not maintainable if the compensation amount is below one lakh rupees.
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 main legal point established is that the appeal by the Insurance Company questioning the quantum of compensation would not be maintainable in the absence of permission under Sec. 170 of the Motor....
Proceedings under section 140 of the MV Act are summary and provide immediate relief without questioning fault. Findings in such proceedings are not conclusive and do not preclude raising defenses in....
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