U P JAL NIGAM Vs. MANJU GOEL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the order passed by a Division Bench of the Uttranchal High Court dismissing the appeal filed by the appellant. Since the writ appeal was dismissed for non prosecution, an application for restoration was filed which was rejected by the impugned order.

(3.) It is to be noted that a Claim Petition was filed before the Motor Accident Claims Tribunal, Pauri Garhwal (in short the MACT ) by respondents 1 to 5, claiming compensation in respect of an accident where one Shri Sudhakar Goel (hereinafter referred to as the deceased ) lost his life on 19.3.1979. The claim made was Rs. 11 lakhs. The MACT awarded Rs. 9,18,288/- and the appellant was directed to pay the same. Against the Award an appeal was preferred before the Allahabad High Court which was numbered as Appeal No. 335 of 1984 before the Allahabad High Court. After reorganization of State of Uttar Pradesh, State of Uttranchal was formed. The appeal in question was transferred to the Uttranchal High Court. Being unaware of this transfer none appeared when the Uttranchal High Court took up the matter. The appeal was dismissed. Coming to know of the dismissal, an application for restoration was filed, which was dismissed by the impugned order. The stand of the appellant is that it has no liability as the liability of Uttar Pradesh Jal Nigam in respect of the territory within the Uttranchal State was transferred to the newly created Uttranchal Water Supply and Development Nigam and therefore the appellant has no liability to discharge the Award. In any event several important questions of law were involved. In the background it is submitted that the restoration application should have been allowed.