DEEPAK VERMA, S.K.KULSHRESTHA, S.S.JHA, A.M.SAPRE, A.K.PATNAIK
National Insurance Co. Ltd. , Gwalior – Appellant
Versus
Shrikant – Respondent
Jha, J. --1. Awards of the Motor Accident Claims Tribunals for amount less than Rs.10,000/- have been challenged before this Court in the writ petition and the civil revisions because sub-section (2) of section 173 of the Motor Vehicles Act, 1988, bars an appeal against the award of the Claims Tribunal if the amount in dispute is less than Rs.10,000/-.
2. In New India Insurance Co. Ltd. v. Smt. Rafeeka Sultana and others [2001(1) JLJ 1=2000(3) MPLJ 561], the Motor Accidents Tribunal awarded a compensation of Rs.1,60,000/- with interest at the rate of 12% per annum from the date of claim till the date of realisation and the Insurance Company assailed this award through a civil revision under section 115 of the Civil Procedure Code. The claimant contended that the Insurance Company cannot challenge the quantum of compensation in an appeal before the High Court because defences of the Insurance Company to a claim have to be confined to the grounds mentioned under section 149(2) of the Motor Vehicles Act, 1988 (for short "Act"). A Full Bench of this Court held that since under the Act, the Insurance Company cannot file an appeal challenging the quantum of compensation, it cannot fi
1. New India Insurance Co. Ltd. v. Smt. Rafeeka Sultana and others = [2001(1) JLJ 1
3. Oriental Insurance Co. Ltd. v. Chintaman and others = [1995 JLJ 4]
4. Sarmaniyabai v. M.P. Rajya Parivahan Nigam = [1990 JLJ 386
5. Mangilal v. Parasram = [1970 JLJ 142
10. ITI Limited v. Seimens Public Communications = [(2002)5 SCC 510]
13. Mafatlal Industries Ltd. and others v. Union of India and others = [(1997)5 SCC 536]
14. Tamil Nadu v. Union of India = [2006(1) JLJ 135
2. L. Chandra Kumar v. Union of India = [AIR 1997 SC 1125]
6. Krishna Gopal Devi Prasad and others v. Dattatraya Madho Lad = [1971 JLJ 903
11. Nirma Limited v. Lurgi Lentjes Energietechnik GMBH and another = [(2002)5 SCC 520]
12. Shyam Sunder Agrawal and Company v. Union of India = [(1996)2 SCC 132]
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