Kundana Ram v. R.S.R.Tc
Case brief
What is this about?
The High Court allowed an appeal against rejection of an application to set aside a default dismissal order in a motor vehicle claim. The tribunal was directed to restore the claim petition and decide it on merits.
What did the court decide?
Impugned orders dated 14.6.2018 and 10.11.2010 quashed; Claim Petition No.524/2005 restored to be decided on merits without interest from 10.11.2010.
What the court decided
[2023:RJ-JD:26220]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 2656/2018
- Kundana Ram S/o Shri Nandram Jakhar, Aged About 70 Years, R/o Village Jetpura, Post Der - Ka - Vas, Tehsil Laxmangarh, District Sikar (Raj.)
- Smt. Shrangari Devi, S/o Kundana Ram (Since Deceased) 3. Smt. Kasturi W/o Late Shri Bhanwar Lal Jakhar, Aged About 43 Years, R/o Village Jetpura, Post - Ka Vas, Tehsil Laxmangarh, District Sikar (Raj.)
- Om Prakash S/o Late Shri Bhanwar Lal Jakhar, Aged About 26 Years, R/o Village Jetpura, Post - Ka Vas, Tehsil Laxmangarh, District Sikar (Raj.)
----Appellants
- Versus
- R.s.r.tc, Bhilwara, Through Depot Manager, Rajasthan State Road Transport Corporation, Bhilwara Depot, Bhilwara. (Owner)
- Bhairu Lal S/o Shanker Lal Keer, R/o Kankarwa, Police Station Akola, District Udaipur (Raj.) - 312204 (Driver)
Issues for consideration
2 issues framed by the court
Whether the strict compliance of procedural delays should be applied in Motor Vehicle Claims cases involving death compensation.
Whether the civil misc. appeal against rejection of application to set aside default dismissal order deserves allowance.
Parties & counsel
- appellant
Kundana Ram
- appellant
Smt. Shrangari Devi
- appellant
Smt. Kasturi
- appellant
Om Prakash
- respondent
R.s.r.tc, Bhilwara
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CMA/2656/2018
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