Rajasthan High Court

CMA/1743/2026 of THE NEW INDIA ASSURANCE COMPANY LIMITED Vs MASTER MAHIPAL CHAUDHARY, on 17 April 2026

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1743/2026 The New India Assurance Company Limited, Through Executive Manager, Local Divisional Office, Khailand Market, District Ajmer (Rajasthan), Having Its Regional Office At 2nd Floor, Nehru Place, Tonk Road,

[2026:RJ-JP:16088]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 1743/2026

The New India Assurance Company Limited, Through Executive Manager, Local Divisional Office, Khailand Market, District Ajmer (Rajasthan), Having Its Regional Office At 2nd Floor, Nehru Place, Tonk Road, Jaipur- 302015, Through Its Constituent Attorney.

----Appellant

Versus

1.

Master Mahipal Chaudhary, Aged About 17 Years, Minor Through Father And Guardian Sukhpal, Resident- Nearby Charbhuja Mandir, Gram Post- Bhanvta, Tehsil And District- Ajmer (Rajasthan).

2.

Raseed Son Of Shri Subhan Ali, Aged About 32 Years, Resident Of Nearby Idgah, Village Daurai, Police Station Ramganj, District Ajmer (Rajasthan). (Driver Maruti Van No. Rj-01-Ua-6860)

3.

Ashok Kumar Son Of Shri Bhanwarlal, Aged About 58

Years, Resident Of House No.- 850/7, Ambedkar Nagar, Nearby Sant Kanwar School, Pahadganj, Police Station Ramganj, District- Ajmer (Rajasthan). (Registered Owner Maruti Van)

----Respondents

For Appellant(s)

:

Mr. Sanjay Kumar Singhal

For Respondent(s)

:

HON'BLE MR. JUSTICE SANDEEP TANEJA

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Order

17/04/2026

1. The present appeal has been filed against the award dated 16.01.2026 passed by Motor Accident Claims Tribunal, Ajmer in Claim Case No.125/2023, whereby the claim petition filed by the claimant-respondent No.1 was partly allowed and a compensation

[2026:RJ-JP:16088] (2 of 2) [CMA-1743/2026] of Rs.43,000/- was awarded in favour of claimant-respondent No.1-Master Mahipal Chaudhary.

2. Section 173(2) of the Motor Vehicles Act, 1988 provides that no appeal shall lie against any award of a Claim Tribunal, if the amount in disputed in the appeal, is less than rupees one lakh.

3. In view of the said provision, the present appeal, which has been filed against the impugned award, whereby the compensation of Rs.43,000/- has been awarded, being not maintainable, is dismissed.

4. It is made clear that this order shall not affect other appeal(s), if any, filed by the appellant against the aforesaid impugned award.

5. All pending application(s), if any, stand disposed of. (SANDEEP TANEJA),J AVINASH GULERIA /3

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