SURAT GOODS TRANSPORT CO PRIVATE LIMITED Vs. ASHARAM SOMESHWAR SUTHAR

JUDGEMENT

(1.) The three First Appeals arise out of a common judgment delivered in three Motor Vehicle Claim Petitions. They were notified together for preliminary hearing and actually reached hearing on an earlier occasion. Since it prima facie appeared to the Court that the provisions of the Bombay Court-fees Act 1959 (hereinafter referred to as the Court-fees Act) were not duly complied with because Court- fees were not paid in two appeals (First Appeal No. 880 of 1982 and first Appeal No. 881 of 1982) the hearing of the appeals was adjourned Mr. B. J. Shethna who appears on behalf of the appellant in each appeal was granted time to satisfy the Court that the provisions of the Court-fees Act were duly complied with. Mr. M. B. Shah learned Assistant Government Pleader who was present in the Court was requested to waive service of the notice upon the Government Pleader and he agreed to do so. We have now heard Mr. Shethna and Mr. Shah and for the reasons which follow we are of the view that there is non compliance with the provisions of the Court-fees Act in as much as the Court-fees have not been paid on the memoranda of appeal in the above-mentioned two appeals.

(2.) First Appeal No. 879 of 1982 arises out of Motor Vehicle Claim Petition No. 18Q of 1979 which was instituted by respondents Nos. 1 to 5 who are the heirs dependants of a person who met with his death in the course of an accident. The appellant who was the original opponent No. 1 is the owner of the vehicle involved in the accident. First Appeal No. 880 of 1982 arises out of Motor Vehicle Claim Petition No. 201 of 1979 which was instituted by respondent No. 1 who was injured in the course of the same accident. The appellant was cited as opponent No. 1 in the said Claim petition. First Appeal No. 881 of 1982 arises out of Motor Vehicle Claim Petition No. 154 of 1980 which was instituted by respondent No. 1 who was injured in the course of the same accident. The appellant was cited as opponent No. 1 in the said Claim Petition.

(3.) The above-mentioned three Claim petitions were consolidated by the Tribunal and evidence was recorded in Motor Vehicle Claim Petition No. 180 of 1979. There was a common hearing and the Claim petitions were disposed of by a common judgment by the Tribunal. However in the operative part of the judgment the Tribunal made separate awards in favour of each claimant/s and even separate awards have been formally drawn up. The award in Motor Vehicle Claim Petition No. 180 of 1979 was in the sum of Rs. 77 0 with costs and interest. The award in Motor Vehicle Claim Petition No. 201 of 1979 was in the sum of Rs. 50 0 with costs and interest. The award in Motor Vehicle Claim Petition No. 154 of 1980 was in the sum of Rs. 50 0 with costs and interest. The appellant amongst others was held liable to satisfy the award in each case.