Madan Lal vs Gajanand Yadav And Ors
2022 Latest Caselaw 1224 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

             S.B. Civil Miscellaneous Appeal No. 134/2017

Madan Lal
                                                                     ----Appellant
                                     Versus
Gajanand Yadav And Ors
                                                                  ----Respondents

For Appellant(s) : Mr. Chain Singh Rathore through V.C.

For Respondent(s)          :



              HON'BLE MR. JUSTICE SUDESH BANSAL

                                      Order

02/02/2022

This appeal has been filed by owner and driver of vehicle

assailing judgment and award dated 31.05.2011 passed by Motor

Accident Claim Tribunal and (Essential Commodity Act) Jaipur whereby

and whereunder compensation of Rs.2,25000/- has been assessed in

favour of claimants and liability to pay compensation has been fasten

upon the appellant. The appeal has been filed after a delay of 1942

days.

Learned counsel submits that vehicle was insured and the Tribunal

has committed error in exonerating the Insurance Company.

It appears that award Rs.2,25000/- with interest at the rate of

6% per annum w.e.f. was passed way back on 31.05.2011, however

appellant has not paid any amount. Therefore, if the appellant deposits

a lump-sum amount Rs.2,00,000/-, within a period of six weeks from

today, before the Tribunal, and submits the receipt of deposition before

this Court, then notice on application under Section 5 of the Limitation

Act as also of appeal may be issued to respondents.

(2 of 2) [CMA-134/2017]

If the appellant does not deposit the aforesaid amount within

stipulated period, mentioned hereinabove, the appeal be listed for

appropriate orders.

(SUDESH BANSAL),J

TN/45

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