High CourtsSingle Bench(2025) 04 DEL CK 2178

United India Insurance Co. Ltd. vs Jayram Das & Ors.

Delhi High Court · Decided on 30 April 2025

HON’BLE JUDGES
Tara Vitasta Ganju, J
RESULT
Dismissed
CASE NUMBER
MAC.APP. 446/2023 with CM APPL. 49988/2023

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Judgment

7 paragraphs · 185 words

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.—

(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.”

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.