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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Shanti Bai & Ors. – Appellants
Versus
Mahendra Kumar & Ors. – Respondents
Miscellaneous Appeal No. 5836 of 2022
Decided On : 07-12-2022
Motor Vehicles Act - Appeal Maintainability - Summary: The court held that as per the provisions of sub-section (2) of Section 173 of the Motor Vehicles Act, no appeal shall be maintainable if the amount in dispute is less than Rs. 1,00,000. Therefore, the appeal was not maintainable and the case was directed to be registered as a Civil Revision.
Fact of the Case:
The court found that the civil revision was maintainable instead of the appeal, as per the provisions of the Motor Vehicles Act.
Finding of the Court:
The court analyzed the provisions of the Motor Vehicles Act and concluded that the appeal was not maintainable due to the valuation of the appeal being Rs. 50,000 and the claimant falling within the definition of person aggrieved as mentioned in Section 173(2). The court directed the registry to register the case as Civil Revision and disposed of the appeal.
Issues: Appeal Maintainability
Ratio Decidendi: The court's decision was influenced by the provisions contained in sub-section (2) of Section 173 of the Motor Vehicles Act, which stated that no appeal shall be maintainable if the amount in dispute is less than Rs. 1,00,000.
Final Decision: The appeal was disposed of, and the case was directed to be registered as Civil Revision.
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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