1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2010
  6. /
  7. January

Ravjibhai vs Naimbhai

High Court Of Gujarat|29 October, 2010


1. Heard learned advocate Mr.Hiren M. Modi for petitioner.
2. In present petition, petitioner has challenged the award passed by MAC Tribunal, Nadiad dated 30.11.2009 on the ground that claims Tribunal has committed gross error in exonerating respondent No.5 - Insurance Co. from the liability and only awarded Rs.6000/- to be recovered from respondent Nos.1 to 4 with 9% interest.
3. The claim petition which was preferred by petitioner where claim of Rs.9999/- was made under Section 166 of the MV Act. Out of that, only Rs.6000/- has been awarded by claims Tribunal in favour of petitioner. Therefore, appeal is not maintainable under Section 173 of the MV Act because less than Rs.10,000/- amount is under dispute / challenged by petitioner.
4. In such circumstances and considering the fact that at the time of accident, driver of vehicle is not having licence and therefore, the Insurance Co. has been exonerated. Looking to the facts which are on record and reasoning given by claims Tribunal in award and also meagre amount is under challenged, present petition is not required to be entertained only on that ground, without examining the question of merits. Present petition is disposed of accordingly.
(H.K.RATHOD,J.) (vipul) Top
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.

Ravjibhai vs Naimbhai


High Court Of Gujarat

29 October, 2010