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.

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. In these circumstances the only remedy which is left open for the revisionist / insurance company is to challenge the award by way of revision under S.115 of the Code of Civil Procedure, 1908. In support of his argument, he has placed reliance on the decision given by Full Bench of this court in the case of Kamla Yadav v. Shushma Devi , 2004 (22) LCD 40, the relevant paras of which are quoted as under:
"The procedure and powers of the Tribunal are to be found under S.169 quoted earlier. Interest and costs both can be awarded by the Tribunal. S.173 provides for an appeal against the award of Claims Tribunal to the High Court. S.174 provides for issuance of certificate by Claims Tribunal for recovery of the amount of compensation in the same manner as arrears of land revenue. The jurisdiction of the civil court is barred under S.175 relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal.
From a perusal of the above provisions, there is no room to doubt that the Claims Tribunal is under obligation to act judicially as on receipt of an application, the Tribunal has to give notice to the parties who have to be afforded an opportunity of being heard. The Tribunal then has to hold an inquiry into the claim before the Tribunal makes an award determining the amount of compensation. It is true that a Tribunal may adopt summary procedure but provisions regarding notice to the parties and hearing them before making the award cannot be dispensed with. For certain purposes, namely, for taking evidence on oath and enforcing the attendance of witnesses and for compelling the discovery and production of documents and material objects, the Tribunal shall have the powers of the civil court. That is to say, it can compel attendance of witness as well as may compel discovery and production of documents and material objects. So far as the structure and composition of the Tribunal is concerned, we find that one who is or has been a Judge of a High Court or a District Judge or qualified for appointment as a Judge of High Court or as a District Judge is eligible for appointment under S.165 (3) of the . The above provisions obviously provide for appointment of a person well - versed with the judicial functioning as well as sufficient experience of working in the courts of law. The provisions of the Act do not permit appointment of any other executive authority as member of the Claims Tribunal. The Tribunal has to base its determination or award on the evidenc