State Of Rajasthan vs Kachru Lal
2021 Latest Caselaw 8686 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

..

S.B. Civil Misc. Appeal No. 932/2020.

1. State Of Rajasthan through the District Collector,

Pratapgarh, District Pratapgarh (Raj.)

2. Superintendent Of Police, District Pratapgarh (Raj.)

----Appellants Versus

1. Kachru Lal S/o Shri Dhanna Balai, R/o Meerawata, Tehsil

Arnod, District Pratapgarh (Raj.)

2. Smt. Nandu Bai W/o Shri Kachru Lal Balai, R/o

Meewawata, Tehsil Arnod, District Pratapgarh (Raj.)

----Respondents

For Appellant(s) : Mr. Anil Bissa, Government Advocate.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Or18 daysder

31/03/2021

This Civil Misc. Appeal is reportedly time barred by 18 days.

Heard learned Government Advocate Mr. Bissa on the

application filed under Section 5 of the Limitation Act, seeking

condonation of delay in filing the present misc. appeal.

For the reasons and grounds mentioned in the application,

delay in filing the present Misc. Appeal is condoned.

As per the learned Government Advocate appearing on

behalf of the appellants, final negative report was submitted by

the prosecution; that thereafter, protest petition was also

(2 of 2) [CMA-932/2020]

dismissed by the learned Tribunal; that the statements produced

in evidence has also not been considered by the learned Tribunal.

Having heard learned Government Advocate appearing on

behalf of the appellants and having scanned through the entire

material available on record, this Court is opinion that this Misc.

Appeal deserves to be admitted.

Admit.

Issue notice to the respondents. Issue notice of the stay

application. Rule is made returnable within a period of six weeks.

In the meanwhile, effect, operation and execution of the

impugned judgment and award dated 23.10.2019 passed by the

Motor Accident Claims Tribunal, Pratapgarh in Claim Case No.

52/2017 (140/2011) shall remain stayed subject to the condition

that the appellants shall deposit before the Tribunal concerned

50% of the award amount with interest, inclusive of the amount

already deposited, within a period of six weeks from today. The

said amount may be disbursed to the respondents-claimants by

the Tribunal concerned as per the award.

List the matter after six weeks.

(DEVENDRA KACHHAWAHA),J 3-Mohan/-

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