Smt. Saroj vs Neki Ram And 5 Ors.
2013 Latest Caselaw 2005 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1284 of 2013
 

 
Petitioner :- Smt. Saroj
 
Respondent :- Neki Ram And 5 Ors.
 
Petitioner Counsel :- H.P. Dube
 

 
Hon'ble Rajes Kumar,J.

Admit.

Issue notice. The appellant may take steps to serve the respondents by registered post.

The contention of the appellant is that the vehicle was fully insured and the driver of the vehicle possessed the driving licence. However, since the vehicle was brought out for the repair, the permit was not there as it was not required under Section 66 (3) (p) of the Motor Vehicles Act. The entire liability has been fastened on the appellant on the ground that the permit was not available and the plea of the appellant that the vehicle was brought on road for the purpose of repair, has not been accepted on the ground that the site-plan prepared reveals that I.I.T. students were available in the bus. He submitted that there is no basis for such assertion.

Until further orders, the execution of the impugned judgment and award dated 29.1.2013 passed by the Motor Accident Claims Tribunal/District Judge, Saharanpur in M.A.C. No. 84 of 2010 (Neki Ram and others Vs. Smt. Saroj and others) shall remain stayed provided the appellant deposits a sum of Rs.1,25,000/- within a period of six weeks and furnishes security for the balance amount of compensation in the form of other than cash or Bank guarantee. The claimants shall be entitled to withdraw the amount deposited. Any amount already deposited shall be given adjustment.

Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks.

Order Date :- 13.5.2013

OP