- (1.) These appeals are sought to be filed by the Insurance Company questioning the amount of Compensation awarded by the lower Court to the claimants. The Office has taken an objection regarding the maintainability of the appeals in view of the provisions of Sec. 173 (2) of M.V. Act on the ground that the Compensation awarded by the lower Court is less than Rs. 10,000/- and as such no appeal lies. The contention of the learned Counsel for the appellant- Insurance Company, however is that the appellant is disputing its very liability to pay the compensation and not the quantum of amount awarded by the lower Court and that, therefore, the provisions of Sec. 173 (2) do not apply to the present case.
(2.) Heard, the learned Counsel for appellant. The contention of the learned Counsel for the Appellant cannot be accepted. In order to appreciate the point in dispute it will be useful to refer to Sec. 173 of the M.V. Act, which is as follows: "173 (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court. (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than ten thousand rupees.
(3.) It is clear from Sec. 173(1) that any person aggrieved by an award of a Claims Tribunal can file the appeal subject to the provisions of sub- section (2). sub-section (2) of Sec. 173 provides that no appeal shall lie against any award of the Claims Tribunal if the amount in dispute in the appeal is less than Rs. 10,000/-. It is clear from such possession (sic. provision) of Sec. 173(2) of M.V. Act, that the appeal does not lie if the compensation awarded by the lower Court which is evidently the amount in dispute in the appeal is less than Rs. 10,000/-. It does not make any difference between a case where the liability itself is disputed in the appeal or where the quantum of compensation awarded by the lower Court alone is questioned. Therefore, in view of such provisions of Sec. 173(2) of the M.V. Act, no appeal shall lie as the amount in dispute in the appeals which is the amount awarded by the lower Court as compensation is less than Rs. 10,000/-.;