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SCA/13893/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13893 of 2010
=========================================================
ORIENTAL
INSURANCE COMPANY LIMITED - Petitioner(s)
Versus
YUSUFBHAI
AMADBHAI & 3 - Respondent(s)
=========================================================
Appearance
:
MS
KARUNA V RAHEVAR for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 27/10/2010
ORAL
ORDER
Heard
learned advocate Ms. Karuna V. Rahevar appearing on behalf of
petitioner.
In
present petition, petitioner has challenged Award passed by Motor
Accident Claims Tribunal, Morbi, Page 58, dated 30th June
2010, in Motor Accident Claim Petition No.63 of 2006, where, claims
tribunal has directed the present petitioner to pay 60% amount of
Rs.4,000/- accruing with interest amount at the rate of 7.5% from
date of application. The amount which has been awarded by claims
tribunal as a compensation to be paid to claimant is less than
Rs.10,000/-, therefore, under Section 173 of the M.V. Act, appeal is
not maintainable. However, considering the provisions of Section 173,
when amount of compensation is less than Rs.10,000/-, then, appeal is
not to be entertained. Similarly, in light of the compensation
awarded by claims tribunal in favour of claimant Rs.4,000/- and 60%
of it which comes to about more than Rs.2,000/- only, therefore, in
light of small amount under challenge which is less than Rs.3,000/-,
present petition is not entertained only on this ground by this
Court.
Accordingly,
present petition is disposed of by this Court without expressing any
opinion on merits in respect of question which has been decided by
claims tribunal against present petition.
[H.K.
RATHOD, J.]
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