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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
National Insurance Co. Ltd. – Appellant
Versus
Masto Devi – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This Revision Petition has been preferred by the Insurance Company against order dated 3rd August, 2018 passed by the Motor Accident Claims Tribunal, Sirmaur District at Nahan in MACT Petition No.199-N/2 of 2013 titled Masto Devi vs. Ravi Dutt whereby an application under Section 140 of the Motor Vehicles Act (MV Act) along with main claim petition under Section 166 of Motor Vehicles Act, filed for grant of ‘no fault liability’ to the tune of Rs.50,000/-, has been allowed and petitioner-Insurance Company has been directed to pay Rs.50,000/- to the mother i.e. respondent No.1 Masto Devi being only Class-I heir of her deceased son.
2. Learned counsel for respondent No.4 submits that against an order granting compensation for ‘no fault liability’ under Section 140 of Motor Vehicles Act, Civil Revision Petition is not maintainable but only appeal is maintainable.
3. Learned counsel for petitioner has claimed that Revision Petition is maintainable. To substantiate his claim, he has placed reliance on Oriental Insurance Co. Ltd vs. Sudip Ranjan Deb and others reported in 2009 ACJ 22 (Gauhati); Gurucharansing Hardayalsing Sethi vs. Narhari Laxman Shinde and o
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 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 court held that no appeal lies under S.173 of the Motor Vehicles Act when awarded compensation is below Rs. 10,000, reinforcing limits on judicial review of legislative provisions.
Claimants failed to establish negligence of the lorry driver, resulting in dismissal of compensation claim under section 166 of the Motor Vehicles Act.
Motor Accident - Statutory liability - Scope of S. 140 of M.V. Act and no fault liability of payment of compensation and extent of extending benefit under S. 140 of M.V. Act in respect of persons, wh....
The Motor Vehicles Act, 1988 does not empower the Claims Tribunal to review its own awards, and the powers of a Civil Court conferred on the Tribunal do not extend to reviewing decisions.
Motor Accident - Statutory liability - If claimants are third party, then they are entitled for compensation under S. 140 for no fault liability. Hence, claimants are not entitled for compensation un....
The Motor Vehicles Act mandates that interim compensation must be awarded to dependents without regard to the deceased's third-party status, affirming its welfare-oriented purpose.
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