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2007 Supreme(MP) 250

DEEPAK VERMA, S.K.KULSHRESTHA, S.S.JHA, A.M.SAPRE, A.K.PATNAIK
National Insurance Co. Ltd. , Gwalior – Appellant
Versus
Shrikant – Respondent


Advocates:
S.S. Bansal, Pranay Gupta and R.P. Agrawal with
Sanjay Agrawal and S. Gupta for Insurer;
R.P. Gupta and Umesh Trivedi for owners;
Sanjay Yadav, Deputy Advocate General and
N.S. Ruprah, amicus curiae.

ORDER

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










































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