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VIVEK AGARWAL
Hdfc Ergo General Insurance Company Ltd – Appellant
Versus
Sheela Singh – Respondent
JUDGMENT
Vivek Agarwal , J. - Office has raised an objection in regard to the maintainability of the present appeal on the ground that since valuation of the appeal is less than Rs.1,00,000/-, therefore, in terms of amendment in Section 173 of the Motor Vehicles Act, civil revision will be maintainable and not the miscellaneous appeal.
2. In view of said objection, office is directed to register this case as civil revision.
3. Miscellaneous Appeal is accordingly disposed of.
The disputed amount in the appeal, not the amount awarded, determines the maintainability under sec. 173(2) of the Motor Vehicles Act, 1988.
The main legal point established in the judgment is the principle that the availability of a specific remedy of appeal as provided under the Code of Civil Procedure, 1908, renders a Civil Revision Pe....
A Civil Revision Petition is not maintainable if a prior application under specific rules is partly allowed.
The right to appeal is a vested right that cannot be retroactively altered by subsequent amendments unless explicitly stated.
The court held that no appeal lies under S.173 of the Motor Vehicles Act when awarded compensation is below Rs. 10,000, reinforcing limits on judicial review of legislative provisions.
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