In three clubbed Letters Patent Appeals filed in 2000, the Patna High Court held that the appeals were not maintainable under Section 173 of the Motor Vehicles Act, 1988. The Court dismissed the appeals, noting that only one appeal lies against the Claims Tribunal order before a Single Judge.
The Letters Patent Appeals were dismissed as non-maintainable.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1457 of 2000
Arising out of
Miscellaneous Appeal No. 543 of 1999
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All resident of 212, Triveni Apartment, East Boring Canal Road, Patna 800001
Appellants no. 2 and 3 represented through their father, Sri Shravan Kumar
………(Claimants/Appellants)-Appellants
Versus
………..(Respondents)/Respondents
===========================================================
With
Letters Patent Appeal No. 1460 of 2000
Arising out of
Miscellaneous Appeal No. 552 of 1999
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All 1 to 4 are residents of Flat No. 304, Sangeeta Apartment, West Boring Canal
Patna High Court LPA No.1457 of 2000 dt.10-04-2015
2/4
Road, P.S. Srikrishnapuri, District Patna
All through duly authorized agent Mr. Shravan Kumar son of Mr. Thakur Umeshwar Pd. Singh, resident of 212, Triveni Apartment, Off East Boring Canal Road, P.S. Budha Colony, District Patna
………(Claimants/Appellants)-Appellants Versus
………..(Respondents)/Respondents
With
===========================================================
Letters Patent Appeal No. 1461 of 2000
Arising out of
Miscellaneous Appeal No. 553 of 1999
===========================================================
Shravan Kumar, son of Sri Thakur Umeshwar Prasad Singh resident of 212,
Triveni Apartment, East Boring Canal Road, Patna 800001 on behalf of minor son of the deceased Sri Amit Kumar Singh
………(Claimant/Appellant)-Appellant
Versus
Patna High Court LPA No.1457 of 2000 dt.10-04-2015
3/4
………..(Respondents)/Respondents
=========================================================== Appearance : For the Appellants : Mr. Rajiv Nayan Singh, Advocate For the Respondents No. 1 and 2 : Mr. Mukesh Prasad Singh, Advocate For the Respondent No. 3 : Mr. A.C. to Mr. Ajay Kumar, Advocate
CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE V.N. SINHA)
Date: 10-04-2015
Counsel for the appellants prays for time to satisfy us on the question of maintainability of these appeals.
Patna High Court LPA No.1457 of 2000 dt.10-04-2015
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accident victim has been allowed for the sufferance undergone pursuant to road accident. The claimants being not satisfied with the quantum allowed by the learned Single Judge filed these appeals. Aforesaid appeals are not maintainable under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as the ‘Act’) as thereunder only one appeal against the order passed by the Claims Tribunal granting compensation is maintainable . Learned Single Judge having considered the claim of the accident victim under order dated 16.08.2000 allowed compensation taking into account the relevant facts as also loss suffered by the victim.
(V.N. Sinha, J)
(Ahsanuddin Amanullah, J)
Anjani/-
U T
2 issues framed by the court
Whether Letters Patent Appeals filed against the order of the learned Single Judge granting compensation for road accident sufferance are maintainable.
Whether Section 173 of the Motor Vehicles Act, 1988 permits an appeal before a Division Bench against the order of a Single Judge.
1 provisions across 1 enactments
Shravan Kumar
Amrita Singh
Amit Kumar Singh
Ashok Kumar Singh
Abha Singh
Akamsha Singh
V.N. Sinha
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
