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2005 Supreme(HP) 408

DEEPAK GUPTA
PALA RAM – Appellant
Versus
PUNJAB ROADWAYS – Respondent


Advocates Appeared:
Mr. M.L. Brakta, Advocate, for the Appellant; Mr. Ashwani Sharma, Advocate, for the Respondent.

JUDGMENT

Deepak Gupta, J. - This appeal by the claimant has been filed against the award of the learned Motor Accident Claims Tribunal-I, Kangra at Dharamshala in MAC Petition No. 54-G/II/1998 decided on 1.3.2001 whereby the claimant has been awarded only Rs. 7,000/- as compensation and, therefore, this appeal.

2. First of all I shall deal with the preliminary objection raised by learned counsel for the respondent that the appeal is not maintainable as the amount awarded is less than Rs. 10,000/-. Section 173(2) of the Motor Vehicles Act reads as follows: "173. Appeals: (1)........................................................................................................... (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees."

3. Mr. Sharma, relies upon this section to submit that the disputed amount being less than Rs. 10,000/- the appeal is not maintainable. Reliance is also placed on the judgment of this Court in Mittar Singh and others v. Ashish Kumar and others, 1998 (2) Shim.L.C. 7, and the judgment of Karnataka High Court in Ramaiah Setty v. Prakash, 1991 (1) TAC 478.

4. In my opinion the arg


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