AFROS Vs. RAM SWARUP PATHAK

JUDGEMENT

(1.) This misc. civil case arises out of the order dated 16.11.1995, passed by this court in Misc. Appeal No. 35 of 1994. The Misc. Appeal No. 35 of 1994 was filed by the owners and the driver of the vehicle against the award dated 30.11.1993 passed by Motor Accidents Claims Tribunal, Panna, in Claim Case No. 11 of 1990.

(2.) It appears from the order sheet dated 26.8.1994 that Misc. Appeal No. 35 of 1994 was admitted only on the ground "as to whether the insurance company, respondent No. 8 is under the terms of the insurance agreement liable for the entire amount of award?" Notices were issued on LA. Nos. 421 and 422 of 1994 for permitting the appellants to pursue the appeal without depositing any amount under award, as the respondent No. 8 had deposited Rs. 25,000. Subsequently, by order dated 14.3.1995 this court dismissed the LA. No. 421 of 1994 filed by the counsel for the appellants, Mr. N.K. Shukla, Advocate and directed that the appellants shall deposit 50 per cent of the amount of award within one month from the date of order, failing which the appeal filed by them shall be dismissed. Thereafter, by order dated 16.11.1995 the appeal was dismissed as 50 per cent amount of the award was not deposited within one month from the date of order, i.e., 14.3.1995. It appears that the appellants in M.A. No. 35 of 1994, then filed an application to review the order dated 14.3.1995. That too was dismissed by this court by order dated 12.12.1995.

(3.) It appears from the record of the case that the respondents had filed a cross-objection on 12.12.94 against the impugned award in the appeal. This cross-objection was on record of the Misc. Appeal No. 35 of 1994 aforesaid. When the main appeal was dismissed on 16.11.95 on the ground of non-compliance of the order dated 14.3.1995, there was no order passed on the cross-objection filed by the applicants in this case. It appears that the cross- objection was not brought to the notice of this court on that date.