LAWS(KAR)-2011-8-37

NEW INDIA ASSURANCE CO LTD Vs. HALAPPA

Decided On August 16, 2011
NEW INDIA ASSURANCE CO. LTD, Appellant
V/S
HALAPPA Respondents

JUDGEMENT

(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 Divisional Manager, The National Insurance Co. Ltd. v. Suresh Subray Shet and others, 2008 ILR(Kar) 4366 He prays for overruling of the objection raised by the Registry re-maintainability of the appeal. It is relevant to refer to sub-section (2) of Section 173 of the Motor Vehicles Act, 1988 which reads as follows:

(2.) A Division Bench of this Court in Ramaiah Setty v. Prakash,1990 1 KarLJ 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 in , National Insurance Co. Ltd. v. Suresh Subray Shet and others, 2008 ILR(Kar) 4366 referred to above is per 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 is 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 dismissal of the appeal, Misc. Cvl. Nos. 151330, 151329, 151328 & 151327/2011 also stand dismissed.