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2012 DIGILAW 467 (PAT)

Manoj Kumar Sah v. Sunita Devi

2012-03-16

RAKESH KUMAR

body2012
ORDER Learned counsel for the appellant has made a prayer for granting accommodation for complying earlier order. 2. The present appeal was preferred against judgment dated 22nd August, 2003 passed by IVth Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal, Saran at Chapra, whereby the appellant, owner of the offending vehicle was directed to pay compensation amount to the claimant since the offending vehicle in question was not ensured. The appeal was filed on 3.12.2003, without depositing statutory amount with other defects. The appeal was got dragged for a long time. However, on 26.8.2005, a peremptory order was passed for removing the defect within a period of one month. Said peremptory order was not complied with and as such the appeal stood dismissed. However, after about five years from the date of dismissal of the appeal, due to non compliance of peremptory order, a restoration petition was filed in 2010 vide M.J.C. No.311 of 2010. After filing of restoration petition also, the appellant did not take proper step. However, in any event by order dated 17.8.2011, a bench of this Court disposed of the M.J.C. No.311 of 2010. It is necessary to quote the order dated 17.8.2011 as below :– “Heard learned counsel for the petitioner. Considering the submissions and the ground stated in the petition, the connected Miscellaneous Appeal No.449 of 2003, which was dismissed for non-compliance of the order dated 26.08.2005, is restored to its original file on payment of cost of Rs.1,000/- with the Patna High Court, Legal Aid Committee. Petitioner may comply the order dated 26.08.2005, passed in the aforesaid miscellaneous appeal within a period of two weeks. The M.J.C. application stands disposed of.” 3. This Court, while disposing of restoration petition, directed for complying order dated 26.8.2005 within a period of two weeks and also to make payment of cost of Rs.1,000/- with the Patna High Court, Legal Aid Committee. Again after this order, no step was taken by the appellant either to deposit statutory amount or to make payment of cost imposed by this Court. 4. Accordingly, case was listed under the heading ‘For orders on Office Note’ on 13.3.2010 on which date none appeared. Today, it was informed that he has already deposited a cost i.e. Rs.1,000/-, but statutory amount has not been deposited till date. 5. 4. Accordingly, case was listed under the heading ‘For orders on Office Note’ on 13.3.2010 on which date none appeared. Today, it was informed that he has already deposited a cost i.e. Rs.1,000/-, but statutory amount has not been deposited till date. 5. Be that as it may, fact remains that peremptory order which was passed on 26.8.2005 has not been complied with and the claimant/respondent no.1, who was entitled to get compensation amount immediately after the order of Claims Tribunal has been restrained from receiving the compensation amount for such a long time. Accident had occurred in the year 1996. 6. In view of non compliance of peremptory order, the appeal stands dismissed. 7. Let a copy of this order be sent to the court below forthwith.