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2016 Supreme(Online)(All) 53

ALLAHABAD HIGH COURT
Unknown, J
National Insurance Co. Ltd. – Appellant
Versus
Ram Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Deepak Kumar Agarwal

1. Heard Mr. Deepak Kumar Agarwal, learned counsel for the revisionist, and perused the record.

2. Undisputed facts of the present case are that in an accident which took place on 27.12.2007, one Ram Kumar sustained grievous injuries due to rash and negligent driving by the driver of jeep No. UP 32 - W 7509 insured with National Insurance Co. Ltd., appellant.

3. In order to get compensation, he filed a Motor Accident Claim Petition No. 16 of 2008 (Ram Kumar v. Sri Ram Gupta), allowed by means of judgment and award dated 5.2.2010 passed by the Motor Accidents Claims Tribunal / Additional District Judge, Court No. 2, Balrampur, thereby awarding a sum of Rs. 3,520 with 6 per cent interest per annum from the date of filing of the claim petition. Aggrieved by the same, present revision has been filed by National Insurance Co. Ltd. under S.115 of the Code of Civil Procedure, 1908.

4. Mr. Deepak Kumar Agarwal, learned counsel for the revisionist, while challenging the impugned judgment submits that as the award given by Motor Accidents Claims Tribunal is less than Rs. 10,000 so in view of the embargo as given in sub-section (2) of S.173 of the Motor Vehicles Act , appeal is not maintainable.
























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