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VIVEK JAIN
SBI General Insurance Co. Ltd. – Appellant
Versus
Dharmendra Uikey – Respondent
ORDER
1. The present revision has been filed by the Insurance Company challenging the award passed by the Claims Tribunal, whereby the Tribunal has awarded compensation of Rs.36,770/- to the claimant-respondent.
2. The present revision under section 115 of CPC has been filed against the award of Claims Tribunal on the sole ground that after amendment in the Motor Vehicles Act vide Amendment Act of 2019, section 149 has been renumbered as Section 150 and the provision corresponding to section 149(4) does not find place in the amended provision and, therefore, the Claims Tribunal, despite having found the vehicle to be run in breach of policy conditions, has erroneously passed an award against the Insurance Company and granted the liberty of pay and recover.
3. It is contended in this revision that pay and recover after the Amendment Act of 2019 cannot be ordered by the Claims Tribunal and the liability should have been imposed on the owner of the offending vehicle and direction of pay and recover could not have been passed by the Tribunal.
4. When this Court confronted the petitioner with the query that the award in this case is of a very low quantum and the litigation expenses of this
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.
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 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.
The Claims Tribunal lacks inherent power to review awards on merits unless expressly provided by statute.
The appeal against the Motor Accident Claims Tribunal's award is not maintainable if the compensation amount is below one lakh rupees.
The Court's decision was based on the compromise reached by the parties, highlighting the significance of mutual agreement in settling legal disputes.
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