HIMACHAL ROAD TRANSPORT CORPN Vs. SUSHILA DEVI

JUDGEMENT

(1.) The case has been listed before us today because the appellant has failed to comply with the following order made in C.M.P. No. 1203 of 1984:-

(2.) The appeal arises out of an award made by the Motor Accident Claims Tribunal Mandi, Kullu, and Lauhal and Spitti Districts, in a claim petition lodged under S.110-A of the Motor Vehicles Act, 1939. Under the impugned award, respondents Nos.1 and 2 have been awarded compensation in the sum of Rs.1,09,000-64 paise with interest at the rate of 6 per cent per annum from the date of the award till the deposit of the awarded amount in the office of the Tribunal. The appeal was instituted on June 29, 1984. CMP No. 1203 of 1984, being an application for stay, was also instituted on the same day. The aforesaid order was made on the stay application after the registration of the appeal but before the appeal was taken up for preliminary hearing. The appeal is still pending preliminary hearing because the deposit is not made.

(3.) Mr. D. K. Khanna learned counsel appearing on behalf of the appellant, while applying for extension of time by four weeks for making the deposit as ordered, submitted that the decisions in Narinder Kumar v. Mani Devi ILR (1981) Him Pra 423 and Himachal Road Transport Corpn. v. Smt. Gurdev Kaur, ILR (1983) Him Pra 99, on the basis of which the aforesaid order was made, require to be reconsidered and addressed arguments in support of the plea. Mr. Inder Singh and Mr. Kapil Dev Sood appeared as interveners and supported the submissions made by Mr. Khanna. Having heard the learned counsel, we are of the view that for the reasons set out hereunder the decisions require reconsideration.