Oriental Insurance Co Ltd. vs Sh Kishan Lal @ Kishori Lal & Ors.
2014 Latest Caselaw 1689 Del

$~38, 39, 50, 52
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 28th March, 2014

+                                       MAC.APP. 270/2014

ORIENTAL INSURANCE CO LTD.                         ..... Appellant
             Represented by: Mr.Pankaj Seth, Advocate.

                       Versus

SH KISHAN LAL @ KISHORI LAL & ORS.                             ..... Respondents
              Represented by: None.

                                            AND

+                                       MAC.APP. 271/2014

ORIENTAL INSURANCE CO LTD.                         ..... Appellant
             Represented by: Mr.Pankaj Seth, Advocate.

                       Versus

SH NARENDER LAL & ORS.                                          ..... Respondents
             Represented by:                None.

                                            AND

+                                       MAC.APP. 282/2014

ORIENTAL INSURANCE CO LTD.                         ..... Appellant
             Represented by: Mr.Pankaj Seth, Advocate.

                       Versus

SH DILSHAD & ORS.                                               ..... Respondents
              Represented by:               None.


MAC.APP. Nos.270, 271, 282 & 284/2014                             Page 1 of 3
                                             AND

+                                       MAC.APP. 284/2014

ORIENTAL INSURANCE CO LTD.                         ..... Appellant
             Represented by: Mr.Pankaj Seth, Advocate.

                       Versus

SH DHARAM PAL & ORS.                                         ..... Respondents
            Represented by:                 None.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. These appeals have been preferred against the impugned award dated 21.12.2013, whereby the learned Tribunal has awarded compensation for a sum of Rs.5,105/- each in favour of the claimants with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.

2. The present appeals are barred by Section 173 (2) of the Motor Vehicles Act, 1988, which prescribes as under:-

"173 (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees."

3. Keeping in view the provision noted above, these appeals are not maintainable as the compensation amount is less than Rs.10,000/- in each appeal.

4. The same are dismissed accordingly.

5. I hereby make it clear that the issue raised in these appeals is that the driver of the offending vehicle was 18 years of age on the date of accident and as per Section 4(2) of the Motor Vehicles Act, 1988, no person under the age of 21 years shall drive a transport vehicle in any public place is left open to be decided in another connected appeal being MAC. APP. No. 273/2014.

6. Consequently, the Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the compensation in favour of the respondents/claimants in the above noted cases in terms of the award dated 21.12.2013 on taking necessary steps by them.

CM Nos. 5618, 5623, 5752 & 5756 of 2014 (for exemption) & CM Nos. 5617, 5622, 5751 & 5755 of 2014 (for stay) in MAC. APP. Nos.270, 271, 282 & 284 of 2014 With the dismissal of the appeals itself, these applications have become infructuous. The same are accordingly dismissed.

SURESH KAIT, J.

MARCH 28, 2014 Sb/jg