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ANIL VERMA
Uzer Khan – Appellant
Versus
Faruq – Respondent
JUDGMENT
1. Heard learned counsel for the appellant on the question of maintainability of Miscellaneous Appeal since the claim amount awarded by the Claim Tribunal is only Rs.73,300.00
2. Learned counsel for the appellant has submitted that they had filed claim of Rs.4,50,000.00 before the Claim Tribunal and was awarded only Rs.73,300.00, therefore, the dispute is with regard to Rs.4,50,000.00 73,300/- = Rs.3,76,700.00. Thus, the disputed amount in the appeal filed by the claimant is enhanced claim in the appeal; it is not amount awarded, which shall determine whether the appeal is maintainable under sec. 173(2) of the Motor Vehicles Act, 1988 or not?. The amount in dispute is more than Rs.1,00,00.00, therefore, the appeal is maintainable.
3. In support of the contention, learned counsel for the appellant has placed reliance upon the judgment dtd. 21/11/2016 delivered by co-ordinate Bench of this Court in M.A. no. 1996/2016 (Netram Vs. Rajendra Singh Yadav and others), in which it has been held as under :
"In the present case, looking to the limitations in this Revision and the fact that the purpose of provisions contained in sec. 173(2) othe Motor Vehicles Act, is to discourage app
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 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....
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 MV Act.
The main legal point established in the judgment is that the appeal against an order under Section 140 of the Motor Vehicles Act is not maintainable if the amount in dispute is below the threshold li....
The appeal against the Motor Accident Claims Tribunal's award is not maintainable if the compensation amount is below one lakh rupees.
The right to appeal is a vested right that cannot be retroactively altered by subsequent amendments unless explicitly stated.
Once it is found that the compensation to which the claimant is legally entitled, be it under any particular head or aggregate, is more than what is claimed, its denial would result in denial of 'jus....
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