riječi u minuti
206
Darsh_KEWAT
00:00
Brzina
13.8.26
These Revisions have Insurance Company challenging the award passed Claims Tribunal whereby the Claims Tribunal has awarded compensation Claimants/Respondents. In Civil Revision the compensation awarded is the compensation awarded is the compensation awarded The present revisions under have been filed against the award of Claims Tribunal on the sole ground that after amendment in the vide Amendment Act and the provision corresponding does not find place in the amended provision and, therefore, the Claims Tribunal, despite having found the vehicle to be run in breach of policy conditions, has erroneously passed an award against the Insurance Company and granted the liberty of pay and recover. It is contended in these revisions that pay and recover after the Amendment Act of 2019 cannot be ordered by the Claims Tribunal and the liability should have been imposed on the owner of the offending vehicle and direction of pay and recover could not have been passed by the Tribunal. When this Court confronted the petitioners with the query that the award in this case is of a very low quantum and the litigation expenses of this case alone may be almost equal to the awarded amount for the petitioner itself apart from the litigation borne by the respondents in case their revisions are entertained, the counsel for the petitioner submitted that since the issue raised is in larger interest and of larger importance, therefore, irrespective of quantum of compensation in this particular case, the Insurance Company has decided to challenge it. The legislature has given the remedy of appeal under the Motor Vehicles Act against awards of Claims Tribunal appeal against an award of Tribunal is barred if the amount in dispute is less than which has been enhanced the Amendment Act. The question that whether once the legislature has refused to allow appeal for awards Lakh, the Insurance Company or any other person can file revision against the award, was considered by a Special Bench of five-Judges of High Court in the At that relevant point of time, the threshold limit the Special Bench came to conclusion that a party cannot be left remediless and since revision is not barred under the therefore, the revision would lie under though on limited grounds. The Special Bench held as under:-