Rajasthan High Court
Sitaram S/O Shri Arjun Lal Jat vs Ramkishan Sharma S/O Roopnarayan on 12 January, 2023
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2430/2022
Sitaram S/o Shri Arjun Lal Jat, Aged About 43 Years, Resident Of
Village And Post Dewan, Tehsil Shahpura, District Jaipur (Raj.)
----Appellant
Versus
1. Ramkishan Sharma S/o Roopnarayan, Resident Of Village
And Post Devan, Tehsil Shahpura, District Jaipur, At
Present Through Vinod Kumar Gupta S/o Shri Prabhu Dyal
Gupta, Resident Of 43, Shivpuri Colony, New Sanganer
Road, Jaipur (Raj.) And D-132, Janpath, Shyam Nagar,
New Sanganer Road, Jaipur (Raj.) (Driver Of Vehicle Jeep
No. Rj-14-1C-6077)
2. Vinod Kumar Gupta S/o Shri Prabhu Dayal Gupta,
Resident Of 43, Shivpuri Colony, New Sanganer Road,
Jaipur (Raj.) And D-132, Janpath, Shyam Nagar, New
Sanganer Road, Sodala, Jaipur (Raj.) (Owner Of Vehicle
Jeep No. Rj-14-1C-6077)
3. United India Insurance Co. Ltd., Through Regional
Manager, Office At C-97, Kalyanvila, Subhash Marg, C-
Scheme, Jaipur (Insurance Company Of Vehicle Jeep No.
Rj-14-1C-6077).
----Respondents
For Appellant(s) : Mr. Gaurav Gupta, Adv.
For Respondent(s) : Mr. Tripurari Sharma, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
12/01/2023
The civil miscellaneous appeal has been filed by the
claimant-appellant (for short 'the claimant) against the judgment
dated 27.08.2018 passed by Motor Accident Claims Tribunal
Shahpura, District Jaipur (for short 'the Tribunal) in Claim Case
(2 of 3) [CMA-2430/2022]
No.382/2003, whereby claim petition filed by the claimant has
been partly allowed.
Along with the appeal an application under Section 5 of
Limitation Act has also been filed seeking condonation of delay of
1377 days in filing the appeal.
Heard. Considered.
Reasons given in Para No.2 of the application under
Section 5 of the Limitation Act are reproduced as under:
"That after passing of the impugned
judgment/award dated 27.08.2018, insurance
company submitted execution application
No.26/2019 for recovery of the difference
amount i.e. Rs.20,490/- as against appellant
before learned Tribunal and learned Tribunal
issued notices of execution application to
appellant on 01.06.2019 which were not been
served and in meanwhile owner of vehicle got
interim stay order from this High Court and
subsequently, insurance company entered into
compromise with owner of vehicle vide order
dated 01.02.2020 but proceeded further with
recovery rights against appellant and directed
District Collector to recover said amount after
attaching property of appellant and in
pursuance to that, Tehsildar, Shahpura issued
notice dated 21.07.2022 to appellant for
attachment and on receiving same, appellants
came to know about execution proceedings
and immediately applied certified copy of
execution proceedings."
The claimant has utterly failed to explain as to why he
did not file the appeal for enhancement of compensation for such
a long time, particularly when he was dissatisfied with the
judgment and award dated 27.08.2018. Entirely vague averments
have been made and no justifiable reason has been given in the
application.
In this view of the matter, I find no good reason to
condone the inordinate delay of 1377 days. The application under
Section 5 of Limitation Act is accordingly dismissed.
(3 of 3) [CMA-2430/2022]
Consequent upon the dismissal of the application under
Section 5 of the Limitation Act, the appeal as well as stay
application also stand dismissed accordingly.
(NARENDRA SINGH DHADDHA),J
Gourav/45
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