MANOJ KUMAR SAH Vs. SUNITA DEVI

JUDGEMENT

(1.) Learned counsel for the appellant has made a prayer for granting accommodation for complying earlier order.

(2.) The present appeal was preferred against judgment dated 22nd August, 2003 passed by IVth Additional District Judge- cum-Motor Vehicle Accident Claims Tribunal, Saran at Chapra, whereby the appellant, owner of the offending vehicle was directed to pay compensation amount to the claimant since the offending vehicle in question was not ensured. The appeal was filed on 3.12.2003, without depositing statutory amount with other defects. The appeal was got dragged for a long time. However, on 26.8.2005, a peremptory order was passed for removing the defect within a period of one month. Said peremptory order was not complied with and as such the appeal stood dismissed. However, after about five years from the date of dismissal of the appeal, due to non compliance of peremptory order, a restoration petition was filed in 2010 vide M.J.C. No.311 of 2010. After filing of restoration petition also, the appellant did not take proper step. However, in any event by order dated 17.8.2011, a bench of this Court disposed of the M.J.C. No.311 of 2010. It is necessary to quote the order dated 17.8.2011 as below :-

(3.) This Court, while disposing of restoration petition, directed for complying order dated 26.8.2005 within a period of two weeks and also to make payment of cost of Rs.1,000/- with the Patna High Court. Legal Aid Committee. Again after this order, no step was taken by the appellant either to deposit statutory amount or to make payment of cost imposed by this Court.