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Madhya Pradesh High Court

National Insurance Company Limited ... vs Amit Maravi on 21 November, 2022

Author: Anjuli Palo

Bench: Anjuli Palo

                                                                          1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   CR No. 460 of 2022
                                     (NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE ABOVE AASTHA HOTEL FIRST FLOOR
                                                       CIVIL LINES MANDLA ( Vs AMIT MARAVI AND OTHERS)

                                    Dated : 21-11-2022
                                           Shri Alok Hoonka, Advocate for the applicant.

                                           Registry has raised an objection with regard to question of
                                    maintainability.
                                           As per amended provision, no appeal under Section 173 (2) of the Motor
                                    Vehicles Act, 1988 shall lie against any award of a Claims Tribunal if the

                                    amount in dispute in the appeal is less than one lakh rupees, therefore, objection
                                    raised by the Registry is hereby ignored.
                                           On payment of PF by registered post with acknowledgement due as well
                                    as ordinary mode within a week, issue notice of this case to the respondents,

returnable within three weeks.

Let the record of the Court below be requisitioned. Meantime, having heard learned counsel for the applicant and in the facts of the case as well as in the light of the decision produced by learned counsel for the petitioner National Insurance Co. Ltd. Vs. Shrikant and others reported in 2007 ACJ 2809, subject to depositing of amount of Rs.15,000/- (Rupees Fifteen Thousand only) by the applicant/Insurance Company before the Claims Tribunal within 15 days from today, then execution in respect of the remaining amount under the impugned award shall remain stayed against the applicant, till the next date of hearing.

List the matter after three weeks.

Signature Not Verified SAN Digitally signed by NITESH PANDEY Date: 2022.11.24 10:51:21 IST

(SMT. ANJULI PALO) JUDGE 2 Nitesh Signature Not Verified SAN Digitally signed by NITESH PANDEY Date: 2022.11.24 10:51:21 IST