PRAMOD PACHORI Vs. SURESH CHANDRA

JUDGEMENT

(1.) This order shall also govern disposal of Misc. Appeal No. 538 of 1997, Oriental Insurance Co. Ltd. v. Pramod Pachori, which is also arising out of the same award.

(2.) M.A. No. 538 of 1997 was dismissed in default on account of non-payment of process fees in time. An application for restoration was filed which was numbered as M.C.C. No. 171 of 2005, which was allowed vide order dated 20.1.2006 subject to deposit of Rs. 500 with Legal Services Authority within a period of 2 weeks. The amount was not deposited within 2 weeks. However, it was deposited on 7.2.2006. Because of this reason that the amount was not deposited in time the Misc. Appeal No. 538 of 1997 was not restored. Today, an application, I.A. No. 7153 of 2006 is filed wherein it is mentioned that the amount could not be deposited as respondent No. 3 was not knowing where the amount was to be deposited. Since, the amount has been deposited, therefore, delay in depositing the amount of cost is condoned. The appeal stands restored.

(3.) Being aggrieved by the award dated 25.7.1997 passed by the Second Motor Accidents Claims Tribunal, Gwalior in the Case No. 27 of 1996 whereby the learned Motor Accidents Claims Tribunal awarded a sum of Rs. 75,000 along with interest at the rate of 12 per cent per annum, present appeal has been filed.