UNITED INDIA INSURANCE CO. LTD. v. JAYRAM DAS AND ORS.
MAC.APP./446/2023 · 2025-04-30
Tara Vitasta Ganju
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44243 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44243 (DEL) · dailylaw.ai ]
Judgment text
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MAC.APP. 446/2023 p. 1 $~53 * IN THE HIGH COURT OF DELHI AT NEW 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)
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 p. 2 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.
TARA VITASTA GANJU, J APRIL 30, 2025/PB
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