JUDGMENT :

S.L. Saraf, J.

1. This order relates to matter Nos. 3 to 14 of the hearing list.

2. In all these matters, revision applications have been filed by the insurance company against an order whereby the Claims Tribunal has awarded to each individual an amount by way of compensation which is below Rs. 10,000/-. Section 173 of the Motor Vehicles Act, 1988, lays down that "no appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than Rs. 10,000/-." The insurance company, finding the bar of Sub-section 2 of Section 173 whereby it could not have filed any appeal against the orders where the claim was only to the extent of less than Rs. 10,000/-, it has resorted to file this revision application u/s 115 of the CPC read with Article 227 of the Constitution of India.

3. This, according to me, is a colourable exercise of power and is an abuse to the letter and spirit of legislative intent. It smacks of mala fide on the part of the Government undertaking which, instead of furthering the legislative intent, is trying to overreach the said provisions. What the insurance company cannot do directly u/s 173(2), it should not attempt to do the sa