Madhya Pradesh High Court
Shanti Bai vs Mahendra Kumar on 16 October, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2024:MPHC-JBP:51762
1 CR-734-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 16th OF OCTOBER, 2024
CIVIL REVISION No. 734 of 2022
SHANTI BAI AND OTHERS
Versus
MAHENDRA KUMAR AND OTHERS
Appearance:
Shri Premendra Sen, Advocate for the petitioners.
Shri B.P.Vishwakarma, Advocate for the respondents.
ORDER
Heard on IA No.22094/2024.
2.Learned counsel for the petitioners/claimants in the light of the decision of this Court in the case of Smt. Sangeeta Namdev and another Vs. Indrapath @ Munna Yadav and others ILR 2023 MP 882 prays for conversion of this civil revision into misc. appeal. The relevant para of aforesaid decision (Supra) is reproduced as under:-
"So far as the question of maintainability of misc. appeal in the light of section 173(2) of the Motor Vehicles Act, 1988 is concerned, it has no nexus with the appeal filed by the claimant(s) and this provision is applicable only to the non-claimants i.e. insurer, owner, driver or any other person liable to pay the amount of award, and merely because of the fact that the amount awarded by learned tribunal is less than 1 lac or misc. appeal is filed by Signature Not Verified Signed by: MANZOOR AHMED Signing time: 10/17/2024 11:29:16 AM NEUTRAL CITATION NO. 2024:MPHC-JBP:51762 2 CR-734-2022 claimant(s) for enhancement of rupees less than 1 lac, the same cannot be treated as a bar for filing misc. appeal by the claimant(s), as contained in sub-section (2) of Section 173 of the Act, and such amount cannot be said to be an amount in dispute for the appeal(s) filed by the claimants."
3. For the reasons mentioned in the application and in view of the aforesaid decision, prayer made on behalf of the petitioners being reasonable and is accepted.
4. Accordingly, IA No.22094/2024 is allowed.
5. This civil revision is permitted to be converted into misc. appeal with a further direction to the learned counsel for the petitioners to make necessary correction in the memo of revision.
6. Registry is directed to recover requisite court fees from the petitioners on the valuation made by the petitioners.
7.With the aforesaid, this civil revision is disposed off.
8. After conversion of this civil revision into misc. appeal, Registry is directed to list the case before appropriate Bench.
(DWARKA DHISH BANSAL) JUDGE Ansari Signature Not Verified Signed by: MANZOOR AHMED Signing time: 10/17/2024 11:29:16 AM