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2017 Supreme(All) 355

ATTAU RAHMAN MASOODI
U. P. STATE ROAD TRANSPORT CORP. – Appellant
Versus
INDRA RAJ VERMA – Respondent


Advocates:
Counsel :
Prabhakari Tiwari, Akhter Abbas, Amita Anand, J.B. Singh for the Appellants; Shikhar Anand for the Respondents.

JUDGMENT

Hon’ble Attau Rahman Masoodi, J.—Heard Sri Akhter Abbas, learned counsel for the review petitioner and Sri Shikhar Anand and Sri Anurag Shukla, learned counsel for the respondents.

2. Delay in moving the review applications is condoned.

The following three important questions of law have arisen in the present review petitions:

(i) Whether the review petitions filed under Chapter V Rule 12 of the High Court Rules read with Order XLVII CPC are maintainable;

(ii) Whether valuation of appeal filed under Section 173 of Motor Vehicles Act, 1988 for the purposes of its appellate jurisdiction is to be construed having regard to the amount what it is set out in the claim petition or the amount allowed by the Tribunal in its award;

(iii) Whether the judgment passed by learned Single Judge of this Court even if the appeal is beyond its pecuniary jurisdiction by virtue of Chapter V Rule 2(c) of the High Court Rules, may be set aside as void.

3. Insofar as issue No. 1 mentioned above is concerned, learned counsel for the review petitioner inviting attention of this Court to Section 173 of the Motor Vehicles Act, 1988 has argued that the statute creates a right of appeal in favour of the
























































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