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2012 DIGILAW 409 (RAJ)

National Insurance Co. Ltd. v. Nawab

2012-02-10

NISHA GUPTA

body2012
Hon'ble GUPTA, J.—This misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 23.2.2001 passed by learned MACT, Beawar in MAC No. 360/99 whereby the claim petition filed by the claimant/respondent No. 1 has been allowed. 2. The brief facts giving rise to this appeal as alleged in the claim petition are that the claimant-respondent No. 1 Nawab sustained injuries in an accident dated 27.5.1999 occurred by Truck No. RJ01-G-4077 in which the claimant was travelling alongwith others. They were coming from Village Borwa to Village Dhani Ramgarh. Near Devas the Truck over-turned on account of rash and negligent driving of the Truck driver. The appellant insurance company has denied the factum of accident and has contended that there is breach of insurance policy and looking to the violation of conditions of insurance policy, no amount of compensation could be awarded to the claimant/respondent No. 1. 3. Heard learned counsel for the parties and perused the relevant record especially the impugned judgment and award. 4. Much has been stated in the memo of appeal regarding breach of conditions of insurance policy but, looking to the fact that in the present claim petition, award is only of Rs. 10,000/- and taking note of the provisions contained in Section 73(2) of the Motor Vehicles Act, 1988, no appeal should lie if the amount in dispute is less than Rs. 10,000/-. Learned counsel for the respondent has submitted that no interference is needed in the present matter. 5. Looking at the above particularly the fact that the award is of meager amount, no interference is warranted and hence, the appeal is dismissed.