Shyam Singh Rao vs Nahar Singh
2022 Latest Caselaw 8573 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1013/2022

Shyam Singh Rao S/o Ranjeet Singh, Aged About 28 Years, R/o 7, Boyana, Tehsil Mavli, Udaipur Through Smt. Vinita Kanwar W/ o Shyam Singh, R/o 7, Boyana, Tehsil Mavli, Distt. Udaipur.

----Appellant Versus

1. Nahar Singh S/o Shri Ranjeet Singh Rawat, R/o Rana Raisingh Nagar, Kankroli, Distt. Rajsamand. (Driver Of Motorcycle No. Rj-27-Sq-8556)

2. Jeevan Singh S/o Shri Bheem Singh Rao, R/o Mukam Post Boyna, Tehsil Mavli, Distt. Udaipur. (Owner Of Motorcycle No. Rj-27-Sq-8556)

3. National Insurance Company Ltd., Through Branch Manager, Bapu Bazar, Udaipur. (Insurance Company Of Motorcycle No. Rj-27-Sq-8556)

----Respondents

For Appellant(s) : Mr. Bharat Shrimali For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

04/07/2022

1. The appellant/claimant has preferred this misc. appeal

under Section 173 of the Motor Vehicles Act, 1988, assailing

the judgment and award dated 02.03.2022 passed by

learned Judge, Motor Accident Claims Tribunal No. 1,

Udaipur, dismissing the claim petition filed by the

appellant/claimant.

2. At the outset, learned counsel for the appellant had

shown to this Court the order dated 21.08.2015 passed by

(2 of 2) [CMA-1013/2022]

this Hon'ble Court in Tulsaram Vs. Kesaram & Ors. (S.B.

Civil Misx. Appeal No. 1924/2013).

3. Learned counsel for the appellant/claimant thus wanted

to withdraw the present misc. appeal with liberty to file fresh

claim petition under Section 163-A of the Motor Vehicles Act.

4. In light of the aforesaid order dated 21.08.2015, the

permission sought for is granted subject to all the objections

of the respondents, which they shall be permitted to take in

the proceedings under Section 163-A of the Motor Vehicles

Act.

5. Accordingly, the present Misc. Appeal is dismissed as

withdrawn with the aforesaid condition. Record of the Court

below be sent back to the learned Tribunal concerned. A

copy of this order be sent to the concerned parties and the

concerned Tribunal forthwith.

(MADAN GOPAL VYAS),J 20-neha/-

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