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JYOTSNA REWAL DUA
Hira Singh – Appellant
Versus
Reliance General Insurance Company Ltd. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
The challenge in this petition preferred under Article 227 of the Constitution of India is to the order dated 27.09.2022 passed by the learned Motor Accident Claims Tribunal at Nahan, H.P., in an application moved by respondent No.1- Insurer, under Section 174 of the Motor Vehicles Act and the consequent auction notice issued by the revenue agency on the basis of this order.
2. Facts
2(i) A claim petition was preferred by present respondents No. 2 to 6 under Section 166 of the Motor Vehicles Act for grant of compensation of Rs.20,000,00/- on account of death of Sh. Pati Ram. Sh. Pati Ram was husband of respondent No.2 and father of respondents No. 3 to 6.
2(ii). In the claim petition that was preferred on 07.04.2015 initially one Sh. Hira Singh son of Sh. Bhajnu was impleaded as respondent No.1. He was reflected as owner of Bolero Camper No. HP-17B-4425 i.e. the vehicle involved in the accident. It appears from the record that accident in question took place on 27.5.2014 at about 11.00 p.m. Sh. Hira Singh, stated owner of the vehicle in question had died on 01.02.2013.
2(iii). Taking into consideration the above facts, learned Tribunal vide order dated 11
Neither there is any challenge to the maintainability of claim petition nor to the validity of award nor these aspects can be gone into in this petition filed under Article 227 of the Constitution of....
The main legal point established in the judgment is that the petitioner should have filed an appeal under Section 173 of the Motor Vehicles Act instead of invoking the supervisory jurisdiction under ....
Insurance companies have limited rights to appeal compensation quantum under the Motor Vehicles Act, emphasizing statutory purpose.
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