Kaveri Kishor Joshi And Anr vs Kishori Kailas Dalal And Anr
2022 Latest Caselaw 5726 Bom

                                         1


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  948 CIVIL APPLICATION NO. 8733 OF 2022
                              IN FA/1308/2022

                 KAVERI KISHOR JOSHI AND ANR
                                VERSUS
                 KISHORI KAILAS DALAL AND ANR
                                   ...
 Advocate for Appellants : Mr. Kulkarni Mukul S. and Mr. Mitkari U.G.
                                   ...

                                CORAM : S. G. DIGE, J.

DATE : 22.06.2022

PER COURT :

Heard learned counsel for applicant.

2. Learned counsel for applicant submits that Member of the Motor

Accident Claims Tribunal at Dhule in Motor Accident Claim Petition No.

104/2014 has passed judgment and award dated 17.11.2021 directing

respondent No. 2 to deposit the compensation amount of Rs. 3,00,985/-

with interest thereon. The learned Tribunal has further directed to

recover the said amount from applicant No.1. But while passing the

said order the learned Tribunal has not considered that applicant No. 2

is acquitted from the charges levelled against him for rash and

negligent driving. There is no evidence on record to show that

applicant No. 2 was driving rash and negligently but this fact was not

considered by the learned Tribunal. In fact applicant No. 2 at the time

of incident was not driving the vehicle. After depositing the entire

compensation amount, respondent No. 2 has filed execution

proceedings against the applicants. Hence, it is necessary to stay the

said proceedings. Considering the submissions of the learned counsel

for applicants ad interim stay is granted to the judgment and award

passed by the learned Member, Motor Accident Claims Tribunal at

Dhule in Motor Accident Claim Petition No. 104/2014 till next date.

3. Issue notice to respondents, returnable on 12th August, 2022.

(S. G. DIGE) JUDGE .....

shp/-