Bajrang Lal S/O Sharwan Kumar vs H.D.F.C. Irigo General Insurance ...
2022 Latest Caselaw 2356 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 241/2022

Bajrang Lal S/o Sharwan Kumar & Anr.
                                                                 ----Appellants
                                  Versus
H.D.F.C. Irigo General Insurance Co. Ltd. & Ors.
                                                               ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 3367/2019 Smt. Nisha Devi W/o Vikas Kumar

----Appellant Versus Mungaram S/o Mool Chand & Ors.

----Respondents

For Appellant(s) : Mr. Inder Raj Saini

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

15/03/2022

The appeal has been filed by the Driver and De fecto owner

of the vehicle (having possession of vehicle under the power of

attorney given by the registered owner) Commander Jeep No.RJ

23 U 0681, assailing the judgment and award dated 20.05.2019

passed by the Motor Accident Claims Tribunal, Sikar (Raj.) in MAC

Case No.518/2015 under Section 166/140 read with Section 10(2)

(3) of the Motor Vehicle Act, 1988, whereby and whereunder for

injuries caused to respondent-claimant, he has been awarded a

compensation of Rs.2,00,500/- with interest @ 7% per annum

from 11.06.2015 to actual realisation. The award has been passed

jointly and severely against both appellants as also against

(2 of 3) [CMA-241/2022]

registered owner of vehicle (respondent No.3 herein), and the

Insurance Company has been exonerated from its liability.

The claimant has also filed Appeal No.3367/2019 against the

same award seeking enhancement of compensation.

The appeal No.241/2022, filed by Driver/Owner of the

vehicle, is delayed by 879 days and therefore a separate

application under Section 5 of the Limitation Act has also been

filed.

It has been contended that they were not aware about the

impugned award and they came to know only when notices of

attachment from the concerned Executing Authority were

received. That apart, after receiving copy of award from March,

2020, because of Pandemic Covid-19, appeal could not be

preferred in time. No reply to the application under Section 5 of

the Limitation Act has been filed.

Having considered reasons mentioned hereinabove and in

the application under Section 5 of the Limitation Act supported

with an affidavit, delay in filing the appeal No.241/2022 is

condoned. The application under Section 5 of the Limitation Act

stands allowed.

Heard learned counsel for the appellant-Driver and owner of

the vehicle.

Both appeals are admitted for hearing.

Issue notice to the unserved respondents.

Heard on the stay application.

Learned counsel for non-claimants submits that they have

already deposited Rs.25,000/- out of the total compensation

before filing the appeal. If the appellants-non-claimants No.1 & 3

(Bajrang Lal and Munga Lal) deposit an additional lum sum

(3 of 3) [CMA-241/2022]

amount of Rs.1.5 lakh, within a period of eight weeks, the

execution of impugned award dated 20.05.2019 against the non-

claimants shall remain stayed. In case, the appellants would not

deposit the amount as mentioned hereinabove, execution

proceedings shall continue.

The amount of Rs.1.5 lakh along with previous deposited

amount, be disbursed to the respondent-claimant.

The Tribunal may complete proceedings of deposition and

disbursement of the compensation as mentioned hereinabove.

Record be send back to the Tribunal in order to complete

proceedings of deposition and disbursement as mentioned

hereinabove, and thereafter record send back to this Court.

(SUDESH BANSAL),J

Sunita/95-96

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