High CourtsSingle Bench(1995) 10 MP CK 0011

P.K. Misra vs Smt. Saribai

Madhya Pradesh High Court · Decided on 19 October 1995 · Citation: (1996) 1 ACC 342

HON’BLE JUDGES
N.P. Singh, J

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Judgment

5 paragraphs · 223 words

N.P. Singh, J.—Mr. H.C. Kohli, Counsel for the applicant. He is heard on the question of admission as also on I. A. No. 4756/ 95 for stay of execution proceedings.

2.

This revision is directed against the order passed by the 1st Addl. Motor Accidents Claims Tribunal, Jabalpur in Motor Vehicle Case No. 423/94 whereby he rejected the application of the applicant to decide the preliminary objection as to whether truck bearing Registration No. MPQ 5896 was involved in the accident or not.

3.

The stand of the applicant is that the registration of truck No. MPQ 5896 was called by the R.T.O., Jabalpur on 1.10.1992, prior to the accident which took place on 26.7.1993 and the vehicle was sold as scrap to the dealer. These are matters of enquiry and can be considered by the Trial Court during evidence.

4.

There is no merit in this revision, which is accordingly dismissed. However, in the meanwhile, the order passed u/s 140 of the Motor Vehicles Act, 1988 shall be kept in abeyance.

5.

The Trial Court is directed to dispose of the claims case within three months. The applicant is directed to co-operate with the Claims Tribunal in the disposal of the case and if the applicant fails to co-operate then the Claims Tribunal shall dispose of the case in accordance with law.