United India Insurance Co. Ltd. v. Jayram Das And ORS.

$~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." NARAYAN 17:59:53 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.

TARA VITASTA GANJU, J APRIL 30, 2025/PB Click here to check corrigendum, if any NARAYAN 17:59:53 MAC.APP. 446/2023