NATIONAL INSURANCE CO LTD Vs. SHRIKANT VINOD TIWARI

JUDGEMENT

(1.) Awards of the Motor Accident Claims Tribunals for amount less than Rs. 10,000/- have been challenged before this Court in the writ petition and the civil revisions because sub-section (2) of Section 173 of the Motor Vehicles Act, 1988, bars an appeal against the award of the Claims Tribunal if the amount in dispute is less than Rs. 10,000/-.

(2.) In New India Insurance Co. Ltd. v. Smt. Rafeeka Sultana (2000 (3) MPLJ 561 : (AIR 2001 MP 116) (FB), the Motor Accident Tribunal awarded a compensation of Rs. 1,60,000/- with interest at the rate of 12% per annum from the date of claim till the date of realisation and the Insurance Company assailed this award through a Civil Revision under Section 115 of the Civil Procedure Code. The claimant contended that the Insurance Company cannot challenge the quantum of compensation in an appeal before the High Court because defences of the Insurance Company to a claim have to be confined to the grounds mentioned under Section 149(2) of the Motor Vehicles Act, 1988 (for short 'Act'). A Full Bench of this Court held that since under the Act, the Insurance Company cannot file an appeal challenging the quantum of compensation, it cannot file revision under Section 115 of the Civil Procedure Code or a petition under Article 227 of the Constitution of India. In view of the judgment of the Full Bench of the High Court in New India Insurance Co. Ltd. v. Smt. Rafeeka Sultana (supra), the following substantial question of law has been referred to this Larger Bench for opinion.

(3.) Shri R. P. Agrawal learned Senior Advocate for the petitioner Insurance Company submitted that a party cannot be left remediless. If an appeal is barred then aggrieved party has a remedy of revision under Section 115 of the Code of Civil Procedure, 1908 (for short 'CPC') or in the alternative to move this Court to examine the validity and correctness of the award in exercise of its power of Superintendence under Article 227 of the Constitution.