1987 JTR(MP) 417
1989 ACJ 38 ; 1988 AIR(MP) 199 ; 1988 1 MPWN 85 ; 1988 KHC 2059
High Court Of Madhya Pradesh
T. N. SINGH, R. M. RASTOGI
UTTAM SINGH - Appellant
Versus
NATIONAL INSURANCE CO.LTD. - Respondents
L. P. A. 16 Of 1987
Decided On : 12/16/1987
Act Referred :MOTOR VEHICLES ACT : S.110(d)
(1) Motor Vehicles Act, 1939-S. 110-D-judgment passed in appeal under-no letters patent appeal lies-aggrieved party has to file appeal before Supreme Court.
(2) Letters Patent-Cl. 10-appeal disposed of by High Court under S. 110-D, M.V. Act-letters patent appeal does not lie.
(2) Letters Patent-Cl. 10-appeal disposed of by High Court under S. 110-D, M.V. Act-letters patent appeal does not lie.
N.P.Mittal
( 1 ) WE have heard counsel on the question of maintainability of the appeal. Shri Mittal submits that the view taken by us is in direct conflict with the view taken by other High Courts and he has cited two decisions in that regard.
( 2 ) SHANTI Devi's case is one which is reported in AIR 1972 Punj and Har 65 (FB) while the other case is that of Delhi Municipality which is reported in AIR 1970 Delhi 37 (FB ). In both cases the only point which their Lordships considered was interpretation of the word "judgement" which occurs in Cl. 10 of the Letters Patent. The law which was not placed before their Lordships is that which we considered in L. P. A. No. 5 of 1987 (reported in 1988 MPLJ 78) (Shrimant Rajmata Vijayaraje Scindia v. Shrimant Maharaja Madhaorao Scindia ). That has rather paramount importance to the question of maintainability of the instant appeal. The question indeed is, whether the scope of the statutory right of appeal can be enlarged by a subordinate legislation or even in any other manner, except by a law competently enacted in that regard.
( 3 ) WE have taken the view that S. 110-D of the Motor Vehicles Act entitled the aggrieved person to lodge only one appeal in the "high Court" and, therefore, the power of the High Court to hear and decide the appeal is exhausted when that power is once exercised. The Letters Patent do not create any right of appeal but provide only forum for exercise of the right. The corpus of the right of appeal envisaged under S. 110-D cannot be enlarged to enable another appeal being filed at the same forum, namely, in the High Court. The remedy of the aggrieved person in such a case is not in High Court, he has to go to the Hon'ble Supreme Court, to assail the judgement of the "high Court" whether passed by a single Judge or Division Bench.
( 4 ) WE are satisfied that the view taken by us does not require reconsideration. Accordingly, we hold that the instant appeal is not maintainable and it is dismissed in limine. Appeal dismissed.
.