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Judgment
The matter comes up on an application for dispensing with the requirement for filing receipt regarding deposition of the amount under Section 173 of
MV Act.
For the reasons stated in the application, the same is allowed and defect no.3 pointed out by the registry is waived. Office is directed to proceed
further in the matter.
Heard on the application under Section 5 of the Limitation Act.
Application under Section 5 of the Limitation Act is also allowed for the reasons stated therein and the delay of 29 days in filing the appeal is
condoned.
Mr. Sandeep Mathur, Advocate accepts notice on behalf of claimant respondent no.1.
Learned counsel for the appellant is directed to supply a copy of the appeal to him.
Issue notice of the appeal as well as stay application to the non claimants / respondents.
Necessary steps be taken within a week. Call for the record from the concerned MACT. In the meantime, operation/execution of the impugned
judgment and award dated 19.09.2017 passed by Motor Accident Claims Tribunal, Bundi shall remain stayed provided the appellant deposits the entire
decretal amount with the tribunal within one month from today. On such deposit being made, the claimant- respondent shall be at liberty to withdraw
70% out of the said amount on his furnishing solvent security and an undertaking on oath to the effect that if the appellant ultimately succeeds in the
appeal, the said amount so received shall be refunded with interest @ 6% per annum from the date of withdrawal till refund. The remaining 30% of
the decretal amount be deposited in FDR with a nationalised bank for a period of one year which shall be renewed from time to time, subject to the
further order, that may be passed by this Court.