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2025 Supreme(Online)(Kar) 24593

KARNATAKA HIGH COURT
MR. JUSTICE SHIVASHANKAR AMARANNAVAR, J
THE BRANCH MANAGER, THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. – Appellant
Versus
SMT. MAHIMA KUMARI KANIMALLI – Respondent
MISC. FIRST APPEAL NO.204014 OF 2025 (MV-I)



Advocates:
For the Appellants/Petitioners: SRI. MANJUNATH MALLAYYA SHETTY
For the Respondents:

The appeal against the Motor Accident Claims Tribunal's award is not maintainable if the compensation amount is below one lakh rupees.

Headnote:This judgment concerns the appeal filed under Section 173 (1) of the Motor Vehicles Act, 1988 by an insurance company regarding a dispute over compensation awarded in MVC.No.59/2023. The appeal was dismissed on the grounds of maintainability as the compensation amount was less than Rs. 1,00,000, leading to the conclusion that the appeal was not permissible under relevant provisions. The court observed that the appeal could not be entertained given that the compensation awarded of Rs. 68,385 was below the stipulated threshold, rendering the order of the lower tribunal unchallenged.

Table of Content
1. insurance company's appeal against tribunal award. (Para 1)

THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the insurance company challenging the judgment and award dated 02.06.2025 passed in MVC.No.59/2023 by the Senior Civil Judge and JMFC and MACT, Sindhanur. The amount of compensation awarded under impugned judgment is Rs.68,385/- (Rupees Sixty Eight Thousand Three Hundred and Eighty Five only) with interest at the rate of 9% p.a. from the date of petition till its realization.

02. As per Sub Section (2) of Section 173 of the Motor Vehicles Act, 1988 the appeal will not lie against the award of Motor Accident Claims Tribunal, if the amount in dispute is less than one lakh rupees. In the case on hand, the amount in dispute is less then one lakh rupees. Hence, the appeal is not maintainable.

03. In view of the above, the appeal is dismissed as not maintainable.

04. This order will not effect the appeal filed by the insurance company challenging the judgment and award dated 02.06.2025 passed in MVC.No.60/2023.

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