Rohit vs Bhupendra
2023 Latest Caselaw 14141 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        MA No. 4715 of 2023
                                                     (ROHIT Vs BHUPENDRA AND OTHERS)

                           Dated : 28-08-2023
                                 Shri Sachin Parmar, learned counsel for the appellant.

                                 The office has raised an objection with regard to maintainability of the
                           appeal on the ground that the amount of enhancement sought for is less than
                           Rs.1,00,000/- and the amount awarded by the Claims' Tribunal is also less than
                           Rs.1,00,000/-.
                                 By placing reliance on the decision of the Principal Seat of this Court at

                           Jabalpur   in Civil Revision No.72/2023 dated 31.01.2023 (Smt.Sangeet
                           Namdev and Anr Vs. Indrapath and Ors), it is submitted that the appeal is
                           maintainable. In the aforesaid judgment, it was held in para 15 has under :-
                                       "So far as the question of maintainability of misc. appeal in
                                       the light of section 173(2) of the Motor Vehicles Act, 1988 is
                                       concerned, it has no nexus with the appeal filed by the
                                       claimant(s) and this provision is applicable only to the non-
                                       claimants i.e. insurer, owner, driver or any other person
                                       liable to pay the amount of award, and merely because of
                                       the fact that the amount awarded by learned tribunal is less
                                       than 1 lac or misc. appeal is filed by claimant(s) for
                                       enhancement of rupees less than 1 lac, the same cannot be
                                       treated as a bar for filing misc. appeal by the claimant(s),
                                       as contained in sub-section (2) of Section 173 of the Act,
                                       and such amount cannot be said to be an amount in dispute
                                       for the appeal(s) filed by the claimants."

                                 In view of the aforesaid pronouncement of this court, the objection as
                           raised by the office as regards maintainability of the appeal is ignored and the
                           appeal is held to be maintainable.
                                 Considered IA No.6183/2023, which is an application under section 5 of
                           the Limitation Act for condonation of delay in filling of appeal.
                                 For the reasons stated in the application, the same is allowed.
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 29-08-2023
17:29:50
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                                     The delay of 81 days in filling of appeal is condoned.
                                     Heard on the question of admission.
                                     Issue notice to the respondents on payment of PF within a week by RAD

mode; returnable within eight weeks.

Record of the claims tribunal be also called for.

(PRANAY VERMA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 29-08-2023 17:29:50