National Insurance Company vs Ravinaben Alias Daxaben ...

The present petitioner, who was the original defendant No.5 before the Tribunal in Motor Accident Claims Petition No.394 of 2004 has challenged the judgment and award dated 3rd October, 2018 passed by the Tribunal awarding compensation of Rs.5,000/- only along with the interest to the respondent No.1. Being dissatisfied by the judgment and award passed by the Tribunal, the present petitioner has challenged the impugned order by preferring this Special Civil Application under Article 226 and 227 of the Constitution of India.

Heard learned Counsel for the petitioner. As the amount awarded by the Tribunal to the extent of Page 1 of 4 C/SCA/3453/2019 ORDER Rs.5,000/- only along with the interest, this Court did not deem it fit to issue Notice to the respondents.

It was submitted by the learned Counsel for the petitioner that the award was passed by the Tribunal in a group matters, under Section 166 of the Motor Vehicles Act, appeal is not maintainable and therefore, this Special Civil Application is preferred. It was further submitted that the impugned award is contrary to law and against the evidence produced on record as the driver of Tata Sumo was negligent and charge-sheet was also filed against him. It was further submitted that the Tribunal has not properly considered the F.I.R., Panchnama and other police papers. That, in-fact the intense contributory negligence of both the vehicles was required to be considered by the Tribunal holding joint and several liability, the Tribunal has committed an error in passing an award holding the liability of the petitioner. Learned Counsel for the petitioner further submitted that in award passed by the Tribunal in other matters wherein the award is for more than Rs.10,000/-, different First Appeals are preferred i.e. First Appeal Nos.617 to 623 of 2018 by the present petitioner and the same are pending before this Court. Hence, it was requested by the learned Counsel for the petitioner to quash and set aside the impugned judgment and Page 2 of 4 C/SCA/3453/2019 ORDER award dated 3rd October, 2018 passed by the Tribunal in Motor Accident Claims Petition No.394 of 2004 by allowing this appeal.

Having considered the facts of the case, submissions made by the learned Counsel for the petitioner, it appears that in a group mattes of 12 Motor Accident Claim Petitions, the award was passed by the Tribunal on 3rd October, 2018. That, award in the Motor Accident Claims Petition no.394 of 2004 was passed by the Tribunal for the amount of Rs.5,000/- only along with the interest, against which this petition is preferred by the present petitioner under Article 226 and 227 of the Constitution of India. This Court is of the clear view that impugned order passed by the Tribunal showing very small amount of Rs.5,000/- holding the liability of the present petitioner. Indisputably, as per the settled position of law the remedy of filing appeal is not available with the petitioner to challenge the impugned order, however, considering the smallest of the amount awarded to the petitioner, the Special Civil Application preferred by the petitioner under Article 226 and 227 of the Constitution of India would not be entertained by this Court as it is not maintainable.

Hence, without going into merits of the case, the present Page 3 of 4 C/SCA/3453/2019 ORDER Special Civil Application shall be dismissed.

Accordingly, Special Civil Application is ordered to be dismissed.

(B.N. KARIA, J) RAVI P. PATEL Page 4 of 4