Ravindra Nath Kesari And Another vs Ram Raj Yadav And Others
2023 Latest Caselaw 8674 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 176 of 1997
 

 
Appellant :- Ravindra Nath Kesari And Another
 
Respondent :- Ram Raj Yadav And Others
 
Counsel for Appellant :- R.N.Kesari
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Mr. R.N. Kesari, Advocate is present in person.

I have perused the judgment, the judgment is itself erroneous, which calls for interference by this Court. The Court cannot insists that separate petitions be filed for the injured. Under the provisions of Section 166 of Motor Vehicles Act, a joint petition by injured is maintainable.

On the short point, this appeal is allowed as despite notices being issued, none has appeared for a period of 20 years.

The matter will be remitted back to the court below where all the evidence is already led. The Tribunal is supposed only to decide the quantum and negligence.

The appellant is not aware whether the vehicle was insured or not. After issuing notice to the respondents, the matter to proceed further as it is a matter of the year 1992 and 30 years have been elapsed.

Fresh notices be served to the respondents and the matter be decided on or before 31.7.2023.

Accordingly, the appeal is allowed.

Order Date :- 23.3.2023

P.S.Parihar