Kishan vs Mukesh Giri
2022 Latest Caselaw 3451 MP

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              HIGH COURT OF MADHYA PRADESH,
                        BENCH AT INDORE
                          MA NO.632/2022
                       Kishan s/o Babu Kondia
                                  vs.
          Mukesh Giri s/o Gulab Giri Goswami & 2 others
10.03.2022: (INDORE):
      Shri H.S.Rajpal, learned counsel for the appellant.
      Today the appeal is listed on the question of office objection
regarding maintainability of the appeal.
      This appeal has been filed for enhancement of the award dated
13.11.2021 passed by 27th M.A.C.T, district Indore in claim Case
No.2081/2017 (Kishan vs. Mukesh & 2 others).
      Counsel for the appellant placing reliance over the judgment in
the case of Sanobanu Nazirbhai Mirza and others vs. Ahmedabad
Municipal Transport Service reported in 2013 ACJ 2733 and the
order passed by the Gwalior Bench of this Court in M.A
No.1096/2016 (Netram vs. Rajendra Singh Yadav & others) and
submits that the appeal is maintainable and the office objection is to
be ignored.
      After hearing learned counsel for the parties and going through
the decisions cited by the counsel for the appellant, I find substance
in the arguments advanced by the appellant. In the present case, since
appellant had claimed a sum of Rs.3,10,000/- before the Tribunal and
the Tribunal had awarded only a sum of Rs.20,000, therefore, the
dispute is with regard to Rs.3,10,000/- - (minus) Rs.20,000 i.e.
Rs.2,90,000/-. Thus, the disputed amount in the appeal filed by the
claimant is the enhanced claim in the appeal.
       The purpose of provision contained in section 173 (2) of the
MV Act is to discourage appeals by the owner, driver and the insurer
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for petty amounts. Hence, relying on the decision in the case of
Netram (supra), the office objection is overruled.
      Heard on the question of admission.
      The appeal is admitted for final hearing.
      Issue notice to the respondents on payment of process fee

within 7 days. Meanwhile, record of the Claims Tribunal be called.

(AMAR NATH (KESHARWANI) JUDGE

Digitally signed by HARI KUMAR C G NAIR hk/ Date: 2022.03.11 14:35:36 +05'30'