Trilochan Singh Vs. Kanta Devi & Ors.
EmailAppeal: Special Leave Petition (C) No.(CC) 8821, 8822 of 1998
Civil Appeal No. 2 of 2000
(Arising out of S.L.P. (C) No. 19168 of 1998)
Civil Appeal No. 2 of 2000
(Arising out of S.L.P. (C) No. 19168 of 1998)
Petitioner: Trilochan Singh
Respondent: Kanta Devi & Ors.
Apeal: Special Leave Petition (C) No.(CC) 8821, 8822 of 1998
Civil Appeal No. 2 of 2000
(Arising out of S.L.P. (C) No. 19168 of 1998)
Civil Appeal No. 2 of 2000
(Arising out of S.L.P. (C) No. 19168 of 1998)
Judges: S.B. MAJMUDAR & D.P. MOHAPATRA, JJ.
Date of Judgment: Jan 03, 2000
Head Note:
MOTOR VEHICLES ACT, 1988
Appeal – Dismissal – Appeal by owner of vehicle dismissed for non-deposit of amount, required by statute – Appellate, a re-tired army personnel – Insurance company having already paid full amount to claimants – Question of realising the amount from him in case he fails in appeal. Held that interest of justice would be served if appellant is directed to deposite Rs. 50,000/-. Appeal to High Court to stand restored on deposite. Appeal allowed. (Para 4)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned counsel for the appellant as well as the learned counsel for the insurance company which is the main con-testing party. By their consent the appeal is being disposed of finally. Rest of the respondent-claimants are already served.
3. The appellant who was the owner of the offending vehicle got his appeal against the award dismissed on account of non-deposit of Rs, 25,000/- which was the statutory requirement for enter-taining the appeal.
4. In our view, looking to the facts and circumstances of the case especially when he was a retired army personnel and also in view of the further fact that the respondent insurance company has already paid the full amount to the claimants and the ques-tion of insurance company’s realising the amount from the appell-ant in case the appellant fails in his appeal arises for consid-eration. Interest of justice will be served if the impugned order is set aside on condition that the appellant deposits an amount of Rs. 50,000/- (Rupees Fifty Thousand only) in additional to the already deposited amount of Rs. 10.000/- in the High Court within six weeks from today. Subject to deposit of this additional amount of Rs 50,000/- by the appellant which will abide by the final result in the appeal, the appeal will be restored to the file of the High Court with a request to proceed with the same in accordance with law on merits in case the appellant deposits the additional amount of Rs.50,000/- within six weeks from today. If such deposit is not made the appeal will stand dismissed as already ordered to the High Court. We express no opinion on the merits of the case.
5. The Civil Appeal is allowed accordingly with no order as to costs.
S.L.P. (C) Nos.—–of 1998.
(CC Nos. 8821-8822)
6. Delay condoned.
7. In view of the aforesaid order in the Civil Appeal these Spe-cial Leave Petitions do not survive and are disposed of as such.
1. Leave granted.
2. We have heard learned counsel for the appellant as well as the learned counsel for the insurance company which is the main con-testing party. By their consent the appeal is being disposed of finally. Rest of the respondent-claimants are already served.
3. The appellant who was the owner of the offending vehicle got his appeal against the award dismissed on account of non-deposit of Rs, 25,000/- which was the statutory requirement for enter-taining the appeal.
4. In our view, looking to the facts and circumstances of the case especially when he was a retired army personnel and also in view of the further fact that the respondent insurance company has already paid the full amount to the claimants and the ques-tion of insurance company’s realising the amount from the appell-ant in case the appellant fails in his appeal arises for consid-eration. Interest of justice will be served if the impugned order is set aside on condition that the appellant deposits an amount of Rs. 50,000/- (Rupees Fifty Thousand only) in additional to the already deposited amount of Rs. 10.000/- in the High Court within six weeks from today. Subject to deposit of this additional amount of Rs 50,000/- by the appellant which will abide by the final result in the appeal, the appeal will be restored to the file of the High Court with a request to proceed with the same in accordance with law on merits in case the appellant deposits the additional amount of Rs.50,000/- within six weeks from today. If such deposit is not made the appeal will stand dismissed as already ordered to the High Court. We express no opinion on the merits of the case.
5. The Civil Appeal is allowed accordingly with no order as to costs.
S.L.P. (C) Nos.—–of 1998.
(CC Nos. 8821-8822)
6. Delay condoned.
7. In view of the aforesaid order in the Civil Appeal these Spe-cial Leave Petitions do not survive and are disposed of as such.
