!! 1 !! 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 !! 2 !! (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been provided and that power which used to be there under the Letters Patent of the High Court has been subsequently withdrawn.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/- A.K. Chouhan/-