UZER KHAN Vs. FARUQ IQRAR MOHAMMAD

JUDGEMENT

(1.) This review petition under Order 47 Rule 1 of the Code of Civil Procedure, 1908 (in short CPC) has been preferred by petitioner seeking review of the order dtd. 7/3/2022 passed in Misc. Appeal No. 814/2022 by this Court whereby it has been held that if the award is less than Rs.1.00 lakh, right of appeal against such award is not available.

(2.) Learned counsel for petitioner submits that petitioner has filed Misc. Appeal No. 814/2022 against the award passed by MACT Manawar District Dhar in claim case no. 346/2018 and this Court has disposed of the appeal on the ground of maintainability that the amount awarded was less than Rs.1.00 lakh and as per Sec. 173(2) right to appeal against such award is not available and has declined admission. But the coordinate Bench of this Court in the case of Narendra Vs. B.C.M. Higher Secondary School reported in 2008 ACJ 1421 it has been described that whether value put forth in appeal would be the amount in dispute and appeal would be maintainable only if the amount in dispute is more than Rs.10,000.00 held: yes. He submits that the judgment passed in case of Ghanshyam Vs.Additional District Judge and others by Hon'ble High court of Rajasthan (2009) ACJ 1946) clearly states that it is not the award that is referred to in Sec. 173(2) of Motor Vehicles Act but the amount in dispute. The proposed amendment has not been notified by the government through official gazette notification. The fact of amendment is not retrospective but is prospective in nature and the cause of action in present case arises on 2/4/2018 i.e. prior to the date of amendment. In support of his submission he placed reliance upon order of this court in the matter of National Insurance Co. Ltd. Vs. Shrikant and others reported in 2007 ACJ 2809 order dtd. 25/6/2008 passed in MA No. 2110/2008 in the matter of Smt. Supriya Kathane Vs. Shri Lal Singh. Hence he prays that the order dtd. 7/3/2022 passed in Misc. Appeal No. 814/2022 may be reviewed and it may be held that Misc. Appeal is maintainable.

(3.) The principles relating to review jurisdiction may be summarized as follows:- When the review will be maintainable: