// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.6/2008 With S.B. Civil Misc. Stay Appl. No.7/2008 The New India Assurance Co. Ltd. Versus Sunil Kumar Saini and Another Date of Order ::: 25.11.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri R.D. Meena, Advocate, for Shri Rishipal Agrawal, Counsel for appellant Ms. Arti Sharma, Advocate, for Shri Ashvin Garg, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. The New India Assurance Company Limited has preferred this appeal against the impugned Award dated 28th September, 2007 passed by the Motor Accident Claims Tribunal, Shahpura, District Jaipur, whereby the learned Tribunal awarded only a sum of Rs.3,500/- as compensation with interest in favour of the claimant- respondent in respect of injuries sustained by him in the motor accident took place on 11th December, 2004. The learned counsel for the respondents has raised an objection that in view of sub- section (2) of Section 173 of the Motor Vehicles Act, 1988, the present appeal is not maintainable. It is contended that as per sub- // 2 // section (2) the appeal does not lie where the amount in dispute in the appeal is lesser than Rs.10,000/-. The learned counsel for the appellant submits that he has preferred the appeal only for the purpose that there are other connected matters also arising out of same impugned Award and in case the appeal would not have been preferred in the present case then the Award would have been treated as final and would have created problem in another connected matters, therefore, either it may be observed that the finding in this order will not affect the interest of the appellant in any way while deciding other connected appeals. After considering the submissions of the learned counsel for the parties, the appeal is dismissed as not maintainable in view of sub- section (2) of Section 173 of the Act of 1988. However, it is observed that the finding in this case, will not affect the interest of the appellant in any way while deciding other connected appeals arising out of the same impugned Award. Consequent upon dismissal of the appeal itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//