Dyamanna vs Ganesh. R And Anr
2023 Latest Caselaw 811 Kant

                            1           MFA No.201027/2022




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

      DATED THIS THE 12TH DAY OF JANUARY, 2023

                        BEFORE

          THE HON'BLE MS. JUSTICE J.M.KHAZI

               MFA No.201027/2022 (MV)

BETWEEN

DYAMANNA S/O NINGAPPA
HIPPARAGI @ KOHAR, AGE. 55 YEARS,
AGE: 55 YEARS, OCC. AGRICULTURE
R/O MANAGULI,
TALUK B.BAGEWADI
VIJAYAPURA-586101.
                                           ...APPELLANT

(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND
1.    GANESH. R S/O K. RAJAMANI,
      AGE. 45 YEARS, OCC. BUSINESS
      R/O 182A, PSN COMPLEX,
      OPP. SUMANGALI SILKS MAIN ROAD,
      NAMAKKAL, TAMIL NADU-637001.

2.    THE BRANCH MANAGER
      ORIENTAL INSURANCE CO. LTD.,
      1ST FLOOR, BIDARI COMPLEX,
      S.S. FRONT ROAD, VIJAYAPURA
                                        ...RESPONDENTS

      THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT PRAYING TO ALLOW THE APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
                              2             MFA No.201027/2022




PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED
28.04.2021 PASSED BY THE COURT OF I-ADDL. SENIOR CIVIL
JUDGE & MACT-VI, AT VIJAYAPURA, IN MVC NO.452/2016.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

The office has raised objection regarding

maintainability of the appeal in the light of amendment of

Section 173(2) of Motor Vehicles Act (hereinafter referred

to as 'M.V.Act' for short) dated 09.08.2019, on the ground

that the difference in the amount in dispute is less than

Rs.1,00,000/-.

2. This appeal is arising out of judgment and award

dated 28.04.2021 in MVC No.452/2016. As per the award it

is evident that the claimant has sought for compensation in

a sum of Rs.1,00,000/- and the Tribunal has awarded

compensation in a sum of Rs.25,000/-. Therefore, the

difference in the amount is Rs.75,000/-.

3. Section 173(2) M.V.Act provides that no appeal

shall lie against an award of a Claim Tribunal if the amount

in dispute in the appeal is less than Rs.1,00,000/-. Earlier

this amount was Rs.10,000/- and as per amendment dated

09.08.2019 this limit is raised to Rs.1,00,000/-. The

present appeal is subsequent to the amendment. Therefore,

if the amount in dispute in the appeal is less than

Rs.1,00,000/- no appeal would lie.

4. As noted earlier, in the present case the

difference in the amount in dispute is Rs.75,000/- i.e. less

than Rs.1,00,000/-. Therefore, appeal is not maintainable.

5. Accordingly, the same is dismissed as not

maintainable.

Sd/-

JUDGE sdu