SHABEER Vs. RATHAN SINGH AND OTHERS

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioner Sri K.T. Mohan.

(2.) THE Writ Petition is misconceived as, appeal did lay under Section 173 of the Motor Vehicles Act from the award made by the Tribunal especially, the perusal of the grounds of Petition also reveals that, Petitioner has challenged the award of compensation to be too meagre and insufficient, he has also challenged the granting of interest at the rate of 6%, has to be increased and claimed interest to be awarded at the rate of 12%, and on the question of fastening of liability about payment of compensation on these grounds together could be taken in the appeal under Section 173. Learned Counsel submitted that, appeal has not been filed under the impression that, Section 173(2), barred the appeal. Learned Counsel is mistaken.

(3.) LEARNED Counsel has contended that, on account of the grant of award of Rs. 5,000/ -, so, appeal is not maintainable. In what cases, the Section 173(2), bars the filing of the appeal are; where difference of the amount in between the two items, namely, the one claimed and the one granted is less than Rs. 10,000/ -. If the amount in dispute in appeal is less than Rs. 10,000/ -, appeal is not maintainable but where amount in dispute in appeal is more than ten thousand, appeal is maintainable and there is no bar to the filing and entertaining to appeal. In the present case, the claim was made for compensation to the tune of Rs. 1,00,000/ -, and the Tribunal has awarded Rs. 5,000/ -, as compensation. Therefore, the amount in dispute in appeal, it would be about Rs. 95,000/ - i.e., more than ten thousand rupees and not less than ten thousand. So, the amount in dispute in appeal cannot be said to be less than Rs. 10,000/ -.