GEETA DEVI & ORS.
v.
PURAN RAM RAIGAR & ANR.
(Civil Appeal No. 7390 of 2010)
SEPTEMBER 6, 2010
[Markandey Katju and T.S. Thakur, JJ.]
2010(10) SCR 969
The following Order of the Court was delivered by
Leave granted.
Heard learned counsel for the appearing parties.
This Appeal has been filed against the judgment and order dated
05th July, 2007 passed by the Division Bench of the High Court of
Rajasthan, Jaipur Bench, Jaipur in D.B.Civil Special Appeal No. 10
of 2007.
In our opinion, the Division Bench of the High Court has rightly
held that the appeal against the order of the learned Single Judge dated
07th August, 2006 did not lie in view of Section 100-A, CPC. The
learned Single Judge had decided the Misc. Appeal No. 2777/2003
against the award of the Motor Accident Claims Tribunal. In our
opinion, this intra court appeal in the High Court was not maintainable
in view of Section 100-A, CPC notwithstanding anything in the High
Court Rules or the Letters Patent to the contrary. Hence, the appeal
was rightly dismissed by the Division bench of the High Court and this
appeal is, therefore, -2- dismissed. However, dismissal of this appeal
will not prevent the appellants from filing a S.L.P. directly against the
judgment of the learned Single Judge dated 07th August, 2006
dismissing the Misc. Appeal arising out of the impugned award dated
20th September, 2003 passed by the Motor Accident Claims Tribunal,
Shahpura, District Jaipur in Claim Petition No. 177/2002, if so advised
and subject to all just exceptions including limitation. No costs.