PREM PAL SINGH Vs. POKAR RAM

JUDGEMENT

(1.) The case was listed for orders before us. The Bench Secretary pointed out that, according to the report of Stamp Reporter dated 19th May, 1998 present first appeal from order under Motor Vehicles Act, 1988, as amended up to date (hereinafter called the Act) was filed without annexing formal order. Appeal was presented in the Registry on 20th May, 1998. There is no application for granting time. Appeal was accompanied by application No. Nil of 1998 with the prayer that two months be allowed for filing certified copy of formal order. However, this application was listed first time before us on 6.12.2004. The Court raised objections on the ground that application seeking time for filing formal order was not supported by means of affidavit and further that two months time prayed for in the said application dated 20.5.1998 has expired long back, hence this application was of no consequence.

(2.) Learned counsel for the appellant has made two fold arguments (i) no formal order is contemplated to be prepared and/or required under the Act and hence not feasible to be filed along with appeal under Section 173 of the Act read with Rules 220 and 222 of U. P. Motor Vehicles Rules, 1998 (for short called the Rules).

(3.) In support of the above submission he has placed reliance upon the Division Bench order dated 12.10.1999 passed in First Appeal From Order No. (617) of 1999, New India Assurance Co. v. Smt. Chandra Devi and Ors. Ltd., Allahabad. In the aforesaid F.A.F.O No. (617) of 1999, a Division Bench of this Court vide order dated 12.10.1999 directed concerned Motor Accident Claims Tribunal to pass an order on the issue as to how Tribunal can refuse to prepare formal order. The said order dated 12.10.1999 is reproduced below : "The District Judge, Nainital is directed to pass a judicial order giving reasons as to why a decree/formal order is neither liable to be prepared nor it can be issued for Motor Accident Claims Tribunal Award passed under Section 168 and other provisions of Chapter 12 of the Motor Vehicles Act. For presenting an appeal under Section 173 of the Motor Vehicles Act, which is also required to be in accordance with the provisions of Chapter IX, Rule 8 of the Rules of High Court, the memorandum of appeal has to be accompanied with an order of the decree/formal order against which the appeal or a revision application is directed. The appellant. New India Assurance Co. Ltd., who has filed the present appeal against the award dated 26.3.1999 in Motor Accident Claims Petition No. 155 of 1998 has annexed a copy of administrative order, dated 26th November, 1998 passed by the District Judge, Nainital. This question has arisen earlier also and the matter requires consideration on the judicial side. The Learned District Judge, Nainital would pass the orders, as directed above, within two weeks of services of a certified copy of this order. The office will issue copy of this order to the appellant free of cost for its service on the District Judge, Nainital. List this petition on 2nd November, 1999. A copy of this order be given to the learned counsel for the appellant so that the same may be filed in the Court of the Vth Additional District Judge, Nainital informing him that the hearing of appeal is fixed for 2nd November, 1999 so that the learned Vth Additional District Judge, Nainital may pass appropriate orders."