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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Nirbhai Singh – Appellant
Versus
Darshan Singh @ Darshan Singh – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
The present revision petition under Article 227 of the Constitution of India has been filed by the owner and driver against the award dated 28.09.2022 passed by the Motor Accident Claims Tribunal, Patiala whereby compensation of Rs.21,380/- was awarded in favour of the claimant and the appellants herein along with Insurance Company were held jointly and severally liable to pay the same.
2. Learned counsel for the petitioners has submitted that although the provision of Section 173(2) of the Motor Vehicles Act, 1988 specifically provides that no appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than rupees one lakh but the said section does not bar from filing a revision petition under Article 227 of the Constitution of India.
3. Section 173(2) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act') stood amended w.e.f. 01.04.2022 and reads as under :
'(2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than one lakh rupees.'
4. A perusal of the above would show that the amount 'ten thousand' rupees has been replaced by the amoun
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 ....
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
The main legal point established in the judgment is that the jurisdiction of the High Court to hear the petition under the Arbitration Act, IAAP No. 106 of 2016, is restored in view of the decision o....
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
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.
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