LAWS(MPH)-2006-9-121

PREM LAL Vs. SMT. JAMNA BAI AND OTHERS

Decided On September 29, 2006
PREM LAL Appellant
V/S
Smt. Jamna Bai And Others Respondents

JUDGEMENT

(1.) This order shall govern the disposal of W.P. Nos. 1783/ 06, 1784/06, 1785/06, 1786/06 and 1787/06.

(2.) Being aggrieved by the award dated 28th Sept., 2004 passed by IV M.A.C.T. Khargone in all the claim cases in which the present petition has been filed whereby claimant in each of the case was awarded a sum of Rs. 7,000.00 and, the respondent No. 3 was exonerated. Since the petitioner was held liable for payment of compensation, therefore, appeal filed by the petitioner which was disposed off vide order dated 30th Nov., 2005 holding that since the amount awarded is less than Rs. 10,000.00, therefore, the appeal was not maintainable under Sec. 173(2) of the Motor Vehicles Act. After dismissal of the appeal, the present petition has been filed.

(3.) Learned counsel for petitioner submits that liberty to challenge the award was given by this Court while disposing off the appeal. It is also submitted that in the award the learned Tribunal has found that as per the policy risk for 6+1 persons is covered.