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VIVEK AGARWAL
Shanti Bai – Appellant
Versus
Mahendra Kumar – Respondent
JUDGMENT
Vivek Agarwal, J. - As per office objection, civil revision is maintainable and not the appeal in terms of the provisions contained in sub-section (2) of Section 173 of the Motor Vehicles Act as amended in 2019 which provides that no appeal shall be maintainable if the amount in dispute is less than Rs. 1,00,000/-.
2. Since, revision is maintainable and not the appeal, valuation of appeal is Rs. 50,000/- and even the claimant filing an appeal will fall within the definition of person aggrieved as mentioned in Section 173(2), the appeal is not maintainable.
3. Registry is directed to register this case as Civil Revision.
4. In above terms, the appeal is 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 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.
The right to appeal is a vested right that cannot be retroactively altered by subsequent amendments unless explicitly stated.
The main legal point established in the judgment is that unless the amount involved in the dispute is at least One lakh rupees, no appeal is maintainable under Section 173(2) of the Motor Vehicle Act....
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