Uzer Khan Minor Through Natural ... vs Faruq on 5 August, 2022
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 lakh and as per section
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/- 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 Section 173(2) of Motor Vehicles
3
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.