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2000 Supreme(MP) 353

ARUN MISHRA
NEW INDIA ASSURANCE CO. LIMITED – Appellant
Versus
MEGHNATH – Respondent


Advocates Appeared:
A.S.Jha, H.S.RUPRAH, R.P.AGRAWAL

ARUN MISHRA, J.

( 1 ) THIS order shall also govern the disposal of Civil Revision No. 3037/99 (Orintal Insurance Co. Limited v. Smt. Rajmani ).

( 2 ) COMMON question has arisen in the present two revisions as to the maintainability of the revisions on account of specific ban created by S. 173 of the Motor Vehicles Act, 1988. Section 173 provides that no appeal shall lie against an award below the sum of Rs. 10,000/ -. In such event, when no appeal has been provided the question for decision is whether revision lies under S. 115 C. P. C.

( 3 ) BOTH the aforesaid revisions were taken up for hearing on 21-1-2000. Shri A. S. Jha and Shri H. S. Ruprah assisted the Court as amicus curiae and they also addressed the Court. In both the revisions, the insurer is the petitioner. In C. R. No. 1600/99 New India Assurance Company Limited is the petitioner whereas C. R. No. 3037 of 1999 has been filed by Orintal Insurance Companylimited

( 4 ) THE learned counsel appearing in both the cases have submitted that as the appeal is not provided under S. 173, sub-sec. (2) of the Motor Vehicles Act, 1988 with respect to an award for the sum below Rs. 10,000/-, and as the tribunal is a civil Court, the awa




















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