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New India Assurance Co. Ltd. vs Rafeeka Sultan And Ors. on 26 September, 2000

18. Decision of the court in United India Insurance Co. Ltd. v. Ramdas Patil, 2000 ACJ 275 (MP), runs counter to the five Judges Bench decision of this court. The question before the Division Bench was not whether revision would lie under section 115 of the Code of Civil Procedure where compensation awarded is below Rs. 10,000 but the issue posed before the Division Bench was whether insured could take resort to revision where compensation awarded is shockingly high. It has been found in the preceding part of the judgment that the Tribunal is a civil court as distinguished from the criminal court, discharging functions assigned to them under the special Act, though subordinate to the High Court. The order(s)/award(s) passed by them can be questioned in the superior court only on grounds and in circumstances available under the Act and the provision of Civil Procedure Code has application only to the extent provided in Section 169 of the Act read with rules framed by the State Government under Section 111A.
Madhya Pradesh High Court Cites 88 - Cited by 0 - Full Document

New India Insurance Co. Ltd. vs Smt. Rfeeka Sultan And Ors. on 26 September, 2000

18. Decision of this Court in United India Insurance Co. Ltd. v. Ramdas Patil and Ors. [2000(2) M.P.H.T. 278 = AIR 2000 MP 63] runs counter to the Five Judge Bench decision of this Court. The question before the Division Bench was not whether revision would lie under Section 115 of the Code of Civil Procedure where compensation awarded is below Rs. 10,000/-but the issue posed before the Division Bench was whether insured could take resort to revision where compensation awarded is shockingly high. It has been found in the preceding part of the judgment that the Tribunal is a Civil Court as distinguished by the Criminal Court, discharging functions assigned to them under the special Act, though subordinate to High Court. The order(s)/ award(s) passed by them can be questioned in the superior Court only on grounds and in circumstances available under the Act and the provision of Civil Procedure Code has application only to the extent provided in Section 169 of the Act read with rules framed by the State Government under Section 111A.
Madhya Pradesh High Court Cites 87 - Cited by 12 - Full Document

United India Insurance Co. Ltd. vs Govindappa And Ors. on 17 April, 2001

15. Another question was raised by the respondents that the appeal by the insurance company is not maintainable. A Division Bench of the Madhya Pradesh High Court has considered the position in United India Insurance Co. Ltd. v. Ramdas Patil and held that if the Tribunal has passed shockingly excessive award and the quantum of compensation awarded is arbitrary, insurance company can invoke revisional jurisdiction of High Court under Section 115 of Civil Procedure Code or supervisory jurisdiction under Article 227 of the Constitution of India. This is what the court held in paras 16 and 17:
Karnataka High Court Cites 32 - Cited by 2 - Full Document

New India Assurance Co. Ltd. vs Meghnath And Another on 8 April, 2000

9. The above decision in Ramdas Patil of the Division Bench of this Court appears to be running counter to the decision of the Five Judges Bench of this Court. Whatever that may be, the question before the Division Bench was not whether revision would lie under Section 115, CPC in a case where the compensation awarded is below Rs. 10,000/-. The question which was posed before the Division Bench for consideration was whether in cases where compensation awarded is shockingly high, insurer can resort to revision. This is not the question involved in the present revisions. Thus, the reliance on the decision in United India Insurance Co. Vs. Ramdas Patil (AIR 2000 Madh Pra 63) (M.A. No. 1138/99) decided on 9-7-99 is of no avail.
Madhya Pradesh High Court Cites 34 - Cited by 3 - A K Mishra - Full Document
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