SANGEETA NAMDEV Vs. INDRAPATH

JUDGEMENT

(1.) Heard learned counsel for the applicants/claimants on the question of maintainability of instant Civil Revision which has been filed on 20/1/2023 seeking enhancement of Rs.95,000.00 in the final award dtd. 27/1/2017 passed by MACT, Lakhnadaun, Distt. Seoni in claim case no. 41/2014, whereby an award of Rs.34,15,616.00 has been passed.

(2.) Learned counsel for the applicants submits that he wanted to file Misc. Appeal but in the light of objections being raised by the Registry of this Court in the light of decision/order dtd. 7/3/2022 passed by coordinate Bench at Indore in Misc. Appeal no. 814/2022 (Uzer Khan Vs. Faruq and others), the petitioners have preferred the instant civil revision and as per this decision, the amount in dispute being less than Rs.1,00,000.00, the civil revision is maintainable.

(3.) I have carefully gone through the order in the case of Uzer Khan (supra), which is based upon decision/order dtd. 21/11/2016 passed by coordinate Bench at Gwalior in M.A. 1096/2016 (Netram Vs. Rajendra Singh Yadav and others) and another decision of coordinate Bench of High Court of Himachal Pradesh in the case Pala Ram Vs. Punjab Roadways and another 2007 ACJ 983. I have also gone through both the decisions in the case of Netram (supra) and Pala Ram (supra), but in both these decisions the objection of maintainability raised by the Registry, has been overruled and the Misc. Appeals of the claimants have been held to be maintainable.