National Insurance Co. Ltd., Vs Cheekati Poshamma , Posu

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THE HON'BLE SRI JUSTICE K.C.BHANU

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CIVIL REVISION PETITION No.5472 of 2009

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DATE: 02^ND FEBRUARY 2010

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Between: National Insurance Co. Ltd., …Petitioner AND Cheekati Poshamma And others. …Respondents

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THE HON’BLE SRI JUSTICE K.C.BHANU

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CIVIL REVISION PETITION No.5472 of 2009

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ORDER:

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1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the judgment, dated 09.04.2008, made in O.P.No.789 of 2006 on the file of the Motor Accidents Claims Tribunal – cum – III Additional District Judge, at Karimnagar, whereunder and whereby, the petition was allowed in part, awarding compensation of Rs.5,500/- to the respondent No.1 / claimant.

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2. As can be seen from the order passed by the Court below, the compensation granted to respondent No.1 is less than Rs.10,000/-. Section 173 of the Motor Vehicles Act, 1988, clearly mandates that if the amount of compensation awarded by the trial Court is more than Rs.10,000/- only, the appeal lies to this Court. Therefore, the present revision petition cannot lie in this Court. Even assuming that the present revision can be entertained by this Court under Article 227 of the Constitution of India, there is no incorrectness or perversity in the findings given by the trial Court. The findings of the trial Court are based on the proper appreciation of the evidence available on record. Hence, the Civil Revision Petition, as it cannot survive before this Court, is devoid of merits and is liable to be dismissed.

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3. Accordingly, the Civil Revision Petition is dismissed confirming the judgment, dated 09.04.2008, made in O.P.No.789 of 2006 on the file of the Chairman, Motor Vehicle Accident Claims Tribunal – cum – III Additional District Judge, at Karimnagar.

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___________________ JUSTICE K.C.BHANU February 02, 2010 Bvv

National Insurance Co. Ltd., v. Cheekati Poshamma , Posu

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National Insurance Co. Ltd., v. Cheekati Poshamma , Posu

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