SAGAR SINGH Vs. GAJRAJ SINGH

JUDGEMENT

(1.) An application under Order 44, Rule 1, Civil Procedure Code seeking leave to prefer appeal as an indigent person is submitted by the driver against an award dated 26-2-2010 passed by the Motor Accident Claims Tribunal, Shivpuri, in Claim Case No. 113/09, which is accompanied by memo of appeal.

(2.) Claims Tribunal has granted an award for compensation to the tune of Rs. 2,13,000/- against the owner as well as driver of the offending motor vehicle. Applicant has submitted memo of appeal without making statutory deposit in compliance of the first proviso to sub-section (1) of section 173 of M. P. Motor Vehicles Act, 1988.

(3.) Applicant has stated in his application under Order 44, Rule 1, Civil Procedure Code that he is an indigent person and may be exempted from the payment required statutorily under the said proviso. Reliance has been placed for this purpose on National Insurance Co. Ltd. vs. Shrikant, 2007 3 MPLJ 130 and Govindarajulu vs. S. Dharman, 1985 AIR(Mad) 264.