United India Insurance Co. Ltd. v. Jayram Das

Delhi High Court · 30 Apr 2025 · 2025:DHC:3193
Tara Vitasta Ganju
MAC.APP. 446/2023
2025:DHC:3193
civil appeal_dismissed

AI Summary

Appeal against an interim award of Rs. 50,000 under the Motor Vehicles Act is barred and dismissed as the amount in dispute is below Rs. 1 lakh threshold under Section 173(2).

Full Text
Translation output
MAC.APP. 446/2023
HIGH COURT OF DELHI
Date of Decision: 30.04.2025
MAC.APP. 446/2023
WITH
CM APPL. 49988/2023
UNITED INDIA INSURANCE CO. LTD. .....Appellant
Through: Mr. Pankaj Seth, Advocate.
VERSUS
JAYRAM DAS AND ORS. .....Respondents
Through: Mr. Biswajit Das, Advocate for R-1 to R-6.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
JUDGMENT

1. The present appeal has been filed against order dated 24.05.2023 passed by the learned MACT, Patiala House Courts, New Delhi [hereinafter referred to as ‘Impugned Order’]. By the Impugned Order, an interim Award in the sum of Rs.50,000/- has been passed in favour of the Petitioner under Section 140 of the Motor Vehicles Act, 1988 [hereinafter referred to as ‘MV Act’].

2. There is a clear embargo on the filing of an Appeal if the amount in dispute is less than Rs.[1] lakh. It is apposite to extract, Sub-Section (2) of Section of the 173 of the MV Act, which reads as under:

“173. Appeals.— (1) …. (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than [one lakh] rupees.”

MAC.APP. 446/2023

3. As stated above, clearly the present Appeal has been filed in respect of an interim Award in the sum of Rs.50,000/-. Thus, the Appeal is barred by the provisions of Section 173(2) of the MV Act.

4. The Appeal is accordingly dismissed. Pending Applications also stand closed.