Gujarat High Court
Oriental Insurance Company, ... vs Vadam Alias Badamben Devabhai ... on 19 March, 2021
Bench: Nikhil S. Kariel
C/SCA/2594/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2594 of 2021
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ORIENTAL INSURANCE COMPANY, LEGAL BRANCH
Versus
VADAM ALIAS BADAMBEN DEVABHAI VADI (VANSFODA)
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Appearance:
MR DAKSHESH MEHTA(2430) for the Petitioner(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 19/03/2021
ORAL ORDER
Heard Mr.R.D.Mehta, learned advocate for the
petitioner.
By way of this petition, the petitioner
challenges the impugned judgment and award passed
by the Motor Accident Claims Tribunal (Main),
Patan in Motor Accident Claim Petition No.295 of
2014.
Having perused the impugned judgment and
award and having perused the pleadings of the
present petition, this Court is of the considered
opinion that this petition would be hit by bar
under Section 173 (2) of the Motor Vehicles Act,
1988. Undoubtedly, Section 173 (2) of the Motor
Vehicles Act, 1988 states regarding no appeal
C/SCA/2594/2021 ORDER
lying against any award of the claims tribunal,
if the amount in dispute in the appeal is less
than Rs.1,00,000/- and whereas, the Insurance
Company has preferred the writ petition under
Articles 226 and 227 of the Constitution of India
challenging the said awards. Therefore,
technically the same may not be an appeal before
this Court, but in the opinion of this Court, the
writ petitions are trying to circumvent the
provisions of statute and whereas, intent of the
statute is to ensure that when the award of the
tribunal being less than Rs.1,00,000/-, no
further proceedings should be taken out against
the same.
Under such circumstances, in the opinion of
this Court, the bar of Section 173 (2) of the
Motor Vehicles Act, 1988 would cover in its ambit
in the present petition also.
Mr.R.D.Mehta, learned advocate for the
Insurance Company, at this stage, submits that
the interest of the petitioner - Insurance
Company may be protected to ensure that the
appeals preferred challenging the very judgments
and awards, where the awarded amount is more than
Rs.1,00,000/- may not be frustrated on account of
dismissal of the present petition.
Since the present petition is being dismissed
C/SCA/2594/2021 ORDER
on the ground of the awarded amount being less
than Rs.1,00,000/- and the petition being covered
by the bar under Section 173 (2) of the Motor
Vehicles Act, 1988, it would be needless to state
that in an appeal where the awarded amount is
more than Rs.1,00,000/-, the same would stand
independently on its own merits and would not be
covered by the present order of this Court.
In view of the observations and directions,
the present petition fails and the same is
dismissed as rejected.
(NIKHIL S. KARIEL,J)
MOHMMEDSHAHID
