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2011 DIGILAW 828 (KAR)

New India Assurance Co. Ltd. v. Halappa

2011-08-16

H.G.RAMESH

body2011
Judgment : RAMESH, J (ORAL) 1. Learned counsel appearing for the appellant submits that though the amount in dispute in this appeal is less than Rs. 10,000/-the appeal is maintainable in view of a Judgment rendered by a Learned single Judge of this Court in THE DIVIONAL MANAGER, THE NATIONAL INSURANCE CO., LTD. Vs. SURESH SUBRAY SHET AND OTHERS (ILR 2008 KAR 4366). He prays for overruling of the objection raised by the Registry re. maintainable of the appeal. 2. It is relevant to refer to sub-Section (2) of Section 173 of the Motor Vehicles Act, 1988 which reads as follows: “No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees.” A division Bench of this Court in RAMAIAH SETTY vs. PRAKASH (1990 (2) KAR.LJ.378) has taken the view that if the amount in dispute in the appeal is less than Rs.10,000/-no appeal is maintainable in view of the above referred statutory provision. It is obvious that the Judgment in RAMAIAH SETTY’S case, was not brought to the notice of the Learned Single Judge. In view of RAMAIAH SETTY’S case, the Judgment of this Court inILR 2008 Kar 4366 referred to above isper incuriam. 3. As the amount in dispute in this appeal is stated to be less than Rs. 10,000/-the objection raised by the Registry is upheld. The appeal s dismissed as not maintainable. However, the appellant is at liberty to file an appropriate proceeding challenging the Judgment and award impugned herein. In view of the dismissal of the appeal, MISC. CVL. Nos. 151330, 151329, 151328 & 151327/2011 also stand dismissed. Appeal dismissed.