The High Court dismissed a miscellaneous appeal as not maintainable. Holding that the single judge lacks authority to review a Division Bench decision under Section 173 of the Motor Vehicles Act, the court also found the appeal barred by limitation (1150 days).
The miscellaneous appeal was dismissed as not maintainable and barred by limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MAC No. 1001 of 2014
Satvant Singh S/o Gurdev Singh Aged About 45 Years R/o Gurudwara Road, Tatibandh, Raipur, Civil and Revenue Distt. Raipur C.G.
---- Appellant
Versus
Both R/o At Present Ramnagar, Korba, Tah. And Distt. Korba C.G., Permanent R/o Village- Andi, P.S. Pendra, Distt. Bilaspur C.G.
---- Respondents
For appellant : Mr. Y.C. Sharma, Adv. For Respondent No. 1 : Mr. Punit Ruparel, Adv. For Respondent No. 4 : Mr. Ratan Pusty, Adv.
Hon'ble Shri Justice Chandra Bhushan Bajpai
Order On Board
09/12/2016
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filed on behalf of the claimants/respondents No. 1 and 2 against the impugned award dated 21-4-2011 in Claim Case No. 13/2009 was dismissed by the Division Bench of this Court. Said appeal was filed by the claimants challenging the findings of the Claims Tribunal regarding exoneration of the Insurance Company to satisfy the award. The Division Bench had concluded that the finding of the Claims Tribunal so far as it relates to liability of the insurer is correct and the Division Bench concurred with the said finding and dismissed the appeal.
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under which authority of law ?
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bench has no authority to take a different view as taken by the division bench in MAC No. 696/2011 dated 11-12-2012, also the present matter is barred by 1150 days of its limitation.
Sd/(Chandra Bhushan Bajpai) Judge
Pathak
3 issues framed by the court
Whether the High Court can take a different view than the Division Bench in a related decision under Section 173 of the Motor Vehicles Act.
Whether the instant miscellaneous appeal is barred by limitation of 1150 days.
Whether the appellant was heard in the Division Bench order and thus maintains the present appeal.
Satvant Singh
Kamla Pottam
Yogendra Singh Pottam
Vinod Kumar Sinha
The Oriental Insurance Co. Ltd.
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
