LAWS(MPH)-2000-4-41

NEW INDIA ASSURANCE COMPANY LIMITED Vs. MEGHNATH

Decided On April 08, 2000
NEW INDIA ASSURANCE CO. LIMITED Appellant
V/S
MEGHNATH Respondents

JUDGEMENT

(1.) This order shall also govern the disposal of Civil Revision No. 3037/99 (Orintal Insurance Co.Limited v. Smt. Rajmani).

(2.) Common question has arisen in the present two revisions as to the maintainability of the revisions on account of specific ban created by S. 173 of the Motor Vehicles Act, 1988. Section 173 provides that no appeal shall lie against an award below the sum of Rs. 10,000/-. In such event, when no appeal has been provided the question for decision is whether revision lies under S. 115 C.P.C.

(3.) Both the aforesaid revisions were taken up for hearing on 21-1-2000. Shri A.S. Jha and Shri H.S. Ruprah assisted the Court as amicus curiae and they also addressed the Court. In both the revisions, the insurer is the petitioner. In C.R. No. 1600/99 New India Assurance Company Limited is the petitioner whereas C.R. No. 3037 of 1999 has been filed by Orintal Insurance CompanyLimited