Hdfc Ergo General Insurance Company Ltd vs Sheela Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1191

IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Hdfc Ergo General Insurance Company Ltd – Appellant
Versus
Sheela Singh & Ors. – Respondents
Miscellaneous Appeal No. 5887 of 2022
Decided On : 08-12-2022

Advocates Appeared:
Rakesh Kumar Jain, Advocate
Final Result : Disposed Of

Headnote:
maintainability - Motor Vehicles Act - The court held that the appeal was not maintainable as per the amendment in Section 173 of the Motor Vehicles Act, directing the case to be registered as a civil revision.
Fact of the Case:

The office raised an objection regarding the maintainability of the appeal under the Motor Vehicles Act due to the valuation being less than Rs.1,00,000.
Finding of the Court:

The court directed the office to register the case as a civil revision, disposing of the miscellaneous appeal.
Issues: Maintainability of the appeal under the Motor Vehicles Act.
Ratio Decidendi: The amendment in Section 173 of the Motor Vehicles Act influenced the court's decision on the maintainability of the appeal.
Final Decision: The case was directed to be registered as a civil revision, and the miscellaneous appeal was accordingly disposed of.

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.

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