ORIENTAL INSURANCE CO LTD Vs. BANTI DEVI

JUDGEMENT

(1.) Whether the Letters Patent Appeal is maintainable against the judgment and order passed by learned single Judge in appeal under section 173 of the Motor Vehicles Act, 1988 against the award rendered by the Motor Accidents Claims Tribunal is the question raised.

(2.) The said question arises on account of substitution of section 100-A of the Code of Civil Procedure (hereinafter to be referred as 'the Code') w.e.f. 1.7.2002 vide Code of Civil Procedure (Amendment) Act, 2002. The said substituted section reads as under:

(3.) A seven-Judge Full Bench of this court in Letters Patent Appeal No. 225 of 2003, Balbir Kaur v. Bhim Singh, (2005-1) 139 PLR 848, decided on 1.12.2004 has held that the Letters Patent Appeal would not be maintainable against the judgment and order passed by learned single Judge while exercising the appellate jurisdiction. However, the said question arose in proceedings under Hindu Marriage Act, 1956.