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2020 Supreme(Ker) 223

C.K.ABDUL REHIM, B.SUDHEENDRA KUMAR
Lakshmi – Appellant
Versus
Santha – Respondent


Advocates Appeared:
For the Appellant : Sri. M. Shaju Purushothaman Sri. K.S. Rajesh

ORDER :

Abdul Rehim, J.

The above appeal was originally filed as a 'Motor Accident Claim Appeal', ('MACA'). The appeal memorandum reflected that the appeal was filed under Section 341 of the Code of Criminal Procedure (Cr.P.C.), read with Section 169(2) of the Motor Vehicles Act, 1988. When the Registry of this court noted defect, the appeal was sought to be filed under Section 173 of the Motor Vehicles Act. The Registry has not yet accepted the same for the reason that the order impugned is not an Award passed by the Motor Accidents Claims Tribunal, as required under Section 173 of the Motor Vehicles Act. The Registry noted that, probably an original petition under Article 227 of the Constitution of India alone may lie against the order impugned. However, the matter was posted before the Bench for hearing on the question of maintainability. On 05.09.2016, learned counsel appearing for the appellants conceded that the Registry is correct in holding that an appeal will not lie under Section 173 of the Motor Vehicles Act. He sought time for curing the defect, which was allowed. Thereafter the case was re-presented with correction made in the 'Docket Sheet' in the cause title portion, s

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