UZER KHAN Vs. FARUQ

JUDGEMENT

(1.) Heard learned counsel for the appellant on the question of maintainability of Miscellaneous Appeal since the claim amount awarded by the Claim Tribunal is only Rs.73,300.00

(2.) Learned counsel for the appellant has submitted that they had filed claim of Rs.4,50,000.00 before the Claim Tribunal and was awarded only Rs.73,300.00, therefore, the dispute is with regard to Rs.4,50,000.00 73,300/- = Rs.3,76,700.00. Thus, the disputed amount in the appeal filed by the claimant is enhanced claim in the appeal; it is not amount awarded, which shall determine whether the appeal is maintainable under sec. 173(2) of the Motor Vehicles Act, 1988 or not?. The amount in dispute is more than Rs.1,00,00.00, therefore, the appeal is maintainable.

(3.) In support of the contention, learned counsel for the appellant has placed reliance upon the judgment dtd. 21/11/2016 delivered by co-ordinate Bench of this Court in M.A. no. 1996/2016 (Netram Vs. Rajendra Singh Yadav and others), in which it has been held as under :