SC: Cross objections can be filed in appeals from MACT awards

The Hon’ble Supreme Court, on 30th January 2020, in the matter of Urmila Devi & Ors. v. Branch Manager, National Insurance Company Ltd. & Anr. pronounced that any respondent in an appeal from an award of MACT, though he may not have appealed from any part of the decree, apart from supporting the finding in his favour, is also entitled to take any cross­-objection to the decree which he could have taken by way of appeal.

The Hon’ble Supreme Court observed that:

A perusal of Section 173 of the Motor Vehicles Act, 1988 would reveal that the said provision does not restrict the right to file an appeal. It provides, that any person aggrieved by an award of a Claims Tribunal, subject to the provisions of sub­ section (2) thereof, may prefer an appeal to the High Court. The restriction imposed under sub­section (2) of Section 173 is with regard to non-­filing of appeal against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees. Needless to mention that this is subject to the provisions about limitation. (Para 22)

Any party aggrieved by any part of the Award would be entitled to prefer an appeal. It is also clear, that any respondent, though he may not have appealed from any part of the decree, apart from supporting the finding in his favour, is also entitled to take any cross­-objection to the decree which he could have taken by way of appeal. (Para 24)

Copy of judgement: Judgement_30-Jan-2020

-Adv. Tushar Kaushik

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