The Oriental Insurance Company … vs Smt. Dhopali & Ors on 4 March, 2010

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 D.B. CIVIL SPECIAL APPEAL NO.71/2003
  (The Oriental Insurance Company Ltd. Vs. Smt.Dhopali & Ors.)



            Date of Order       ::     04.03.2010


    HON'BLE MR. JUSTICE A.M. KAPADIA
 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS


Mr.R.K. Mehta, for the appellant.
Mr.Narpat Singh, for the respondents.



            This special appeal has been filed under
Section 18 of the Rajasthan High Court Ordinance,
1949 against the judgment of learned Single Judge
dated 22nd May, 2002 passed in Civil Misc. Appeal
No.636/1996,      by   which,    the    appeal   filed    by   the
insurance    company      has        been   allowed      and   the
judgment and award impugned was modified to the
extent of liability of the appellant.
            The learned Single Judge has passed the
following order:-
             "In view of the above discussion, this
             appeal is allowed. The judgment and
             award impugned is modified in that the
             liability of the appellant insurance
             company is held to be limited to the
             extent of Rs.15,000/- and interest
             thereon.     The appellant insurance
             company is, however, directed to pay
             the entire amount of compensation
             alongwith interest to the respondent-
             claimants within a period of three
             months from today but shall be entitled
             to recover the excess amount from the
             owner of the insured vehicle paid
             beyond its liability.     There shall,
             however, be no order as to costs."



            Learned counsel appearing on behalf of
respondents has invited attention of this Court towards
the judgment reported in 2007 (1) DNJ (Raj.) p. 569
(R.S.R.T.C. & Ors. Vs. Vaibhav Kumar & 29 Ors.), in
which, the Division Bench of Rajasthan High Court at
Jaipur Bench has held in para 27 that no further appeal
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                 (by whatever name called, letters patent appeal or
                 special appeal) shall lie to the Division Bench of the
                 same High Court. Para 27 reads as follows:-
                            "The Supreme Court in the case of
                            Kamal Kumar Dutta has expounded the
                            legal position with reference to Section
                            100-A in unambiguous terms that where
                            appeal has been decided from an
                            original order by a Single Judge, no
                            further appeal has been provided and
                            that power which used to be there
                            under the Letters Patent of the High
                            Court     has     been     subsequently
                            withdrawn. Applying this ratio, it would
                            be seen that the order/award passed by
                            the Motor Accident Claims Tribunal is an
                            original order and against that an
                            appeal has been provided before the
                            High Court under Section 173 of the
                            Motor Vehicles Act, that is, an appeal
                            from the original order. In this view of
                            the matter, no further appeal (by
                            whatever name called, letters patent
                            appeal or special appeal) shall lie to the
                            Division Bench of the same High Court."



                            In th is view of the matter,     this special
                 appeal is dismissed as not maintainable.



                 (GOPAL KRISHAN VYAS), J.           (A.M. KAPADIA), J.

A.K. Chouhan/-