Rajasthan High Court
Pappuram S/O. Shri Arjun Lal Jat vs Ramkishan Sharma S/O. ... on 12 January, 2023
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2429/2022
Pappuram S/o. Shri Arjun Lal Jat, Aged About 41 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
Dayal 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-2429/2022]
No.383/2003, 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
1381 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.28/19 for recovery of the difference amount
i.e. Rs.32,305/- 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 1381 days. The application under
Section 5 of Limitation Act is accordingly dismissed.
(3 of 3) [CMA-2429/2022]
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/41
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