Jagdish S/O Rampal vs Ramdayal S/O Kana
2022 Latest Caselaw 1829 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 38/2018

Jagdish S/o Rampal
                                                                   ----Appellant
                                   Versus
Ramdayal S/o Kana & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Gajendra Vyas For Respondent(s) : Mr. Jai Prakash Gupta

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

25/02/2022

The appeal is admitted for hearing.

Appearance of service is complete.

Call for the lower court record.

Counsel for the appellant prays for a stay of the operation of

impugned award dated 28.10.2017 passed by The Motor Accident

Claims Tribunal, Kekri (Ajmer) in case No. 47/98, for the reasons

that in pursuance of impugned award, execution proceedings and

process for attachment of property has already been undertaken.

Contention is that in the said motor vehicle is not required to be

registered under the Motor Vehicle Act, therefore the identity of

the owner is not established. In spite of that liability fixed on

owner.

Learned counsel for the respondent relied upon the judgment

of Hon'ble Supreme Court in Chairman Rajasthan State Road

Transport Corporation Limited Vs. Santosh 2013(1) ACTC

SC 566 in support of contention that the Hon'ble Supreme Court

said that a vehicle which is mechanically propelled and adopted for

(2 of 2) [CMA-38/2018]

use upon the road is a motor vehicle within the meaning of

Section 2 (28) of Motor Vehicle Act. The vehicle which cause

accident was mechanically propelled vehicle and the same was of

the appellant and this fact has not been denied.

The appellant shall deposit approximately 50% of the

awarded amount i.e. Rs. 1,00,000/- within 30 days and on

deposit of the same, execution proceedings shall remain stayed,

till disposal of this appeal.

Application (IA No. 1/20) for early listing of the appeal

stands disposed of.

(BIRENDRA KUMAR),J

ashu /85

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