VINOD KUMAR JAIN Vs. MANDERSH

JUDGEMENT

(1.) IT has been submitted by the learned Counsel appearing on behalf of the appellant-owner of the vehicle that inspite of handing over of the document required to be placed before the tribunal by the learned Advocate the same was not produced and as a result whereof the Motor Accidents Claims Tribunal, Meerut by judgment and order dated 20.03.2009 held that the owner is liable to pay compensation to the claimants in the place and instead of insurance company. All such documents are placed before this Court by way of supplementary affidavit from which it appears to us that the appellant has a prima facie case. Issue notice upon the respondents by registered post with acknowledgement due within one week returnable four weeks hence. Apart from such service, dasti summons will also be served upon the respondents within such period, and an affidavit of service to that extent will be filed by the appellant on the next date of listing. Translated copy of the judgement and order, if not filed, be filed on the next date of listing. We have to see the interest of the claimants, who are ultimate beneficiaries of the case, but for the time being we are not inclined to release any amount. IT will be considered on the next date of hearing. However, the realisation of the amount from the appellant will remain stayed till the next date of listing i.e. 08.07.2009, when the appeal will be taken up as date fixed.