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2025 DAILYLAW 46650 (RAJ)

THE NEW INDIA ASSURANCE COMPANY LIMITED v. BANWARILAL SON OF SHRI RAMSAHAY

CMA/4582/2025 · 2025-11-10

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:44911] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4582/2025 The New India Assurance Company Limited, Micro Office, In Front Of Gahlot Motors, Road No. 3, Jhunjhunu, Tehsil And District-Jhunjhunu (Raj.). Having Its Registered And Head Office At 87, Mahatma Gandhi Road, Fort, Mumbai-400001 And Having Its Regional Office At Second Floor, South Block, Nehru Place, Tonk Road, Jaipur, Through Its Constituent Attorney. (Insurance Company Of Vehicle Car No. Rj-14-Wc-4661) (Insurance company of vehicle car no.RJ-14-WC-4661) ……...Appellant/non-claimant no.2 Versus 1. Banwarilal Son Of Shri Ramsahay, Aged About 66 Years, Resident Of Gram Nevri, Tehsil-Udaipurwati, District- Jhunjhunu (Raj.). …..Claimant/Respondent 2. Sugnaram Son Pokarmal, Resident Of Gram-Kalota, Police Thana Babai, District-Neemkathana (Raj.). (Registered Vehicle Owner And Dirver Of Car No. Rj-14-Wc-4661) (Registered Vehicle Owner and driver of Car no.RJ-14-WC-4661) ----Non-Claimant NO.1/Respondent For Appellant(s) : Mr. Sanjay Kumar Singhal For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 10/11/2025 1. This appeal has been filed by the appellant with a challenge to judgment and award dated 02.07.2025, passed by the Court of Motor Accident Claims Tribunal, Jhunjhunu (Raj.) (hereinafter to be referred to as ‘Tribunal’) in Claim Case No.94/2024, whereby the learned Tribunal passed an award of amount of Rs.37,250/-. [2025:RJ-JP:44911] (2 of 2) [CMA-4582/2025] 2. As per the provisions of Section 173(2) of the Motor Vehicles Act, 1988 (in short ‘Act of 1988’), no appeal is maintainable against any award of Claims Tribunal if the amount in dispute in the appeal is less than rupees one lakh. 3. Since the amount involved in this appeal is Rs.37,250/- which is less than rupees one lakh, this appeal is not maintainable in view of specific provision of Section 173(2) of the Act of 1988. 4. Accordingly, the present appeal is dismissed. 5. However, it is made clear that this order will not affect any legal proceedings in any manner in connection with the alleged accident in regard to which the claim petition No.94/2024 was filed. 6. Since the main appeal has been dismissed, the stay application and pending application, if any, also stand disposed of. (GANESH RAM MEENA),J ARTI SHARMA /18