Gujarat High Court
SCA/2374/1995 of UNION OF INDIA Vs AMINABIBI WIFE OF MOHMMADAYUB KADARBHAI CHAMADIA on 18 November 1995
CIVIL APPLICATION NO.2374 OF 1995 CORAM ; N N MATHUR, J. (November, 18, 1995) ORAL ORDER This Special Civil Application has been filed by the Union of India, seeking direction against the Motor Accident Claims Tribunal, Mehsana not to proceed with the execution of the Misc. Civil Application
SPECIAL CIVIL APPLICATION NO.2374 OF 1995
CORAM ; N N MATHUR, J.
(November, 18, 1995)
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ORAL ORDER
This Special Civil Application has been filed by theUnion of India, seeking direction against the Motor AccidentClaims Tribunal, Mehsana not to proceed with the execution of theMisc. Civil Application No.17 of 1994 until the proceedings ofthe Special Leave Petition pending before the Supreme Court isconcluded.
2. The short facts involved in this matter are that theMotor Accident Tribunal, Mehsana passed the Award dated 1.7.1991holding all the original opponents jointly and severally liableto pay the awarded amount. Apportionment was made against theUnion of India to the extent of 20% and against the Truck ownerand the Insurance Company to the extent of 80%. The InsuranceCompany, i.e. the United Insurance Co. preferred Appeal againstthe said award before this Court, which has been registered asFirst Appeal No.102/92. It is also stated in the said FirstAppeal that stay has been granted in favour of the InsuranceCompany stayinig the recovery of the amount to the extent ofRs.1,50,000/-. The Union of India, at the initial stage, as perthe legal advice, decided not to prefer appeal. However, as theappeal is preferred by the Insurance Company, the Union of Indiaalso filed appeal as in case the appeal of the Insurance Companyis allowed, the liability may be shifted to the Union of India.Thus, the Union of India filed appeal being stamp No.6313/92along with application for condonation of delay. The High Courtrefused to condone the delay and rejected the application byorder dated 6.8.1993 . It is stated that the Union of India hasfiled SLP before the Supreme Court against the order of thisCourt dated 6.8.1993 and notice has been issued thereon.
2. The grievance of the petitioner is that inspite of thefact that the matter is pending before the Supreme Court and thenotice has been issued, the Motor Accident Claims Tribunal haspassed order in Misc.Civil Application No.40/92, whereby recoverycertificate has been directed to be issued. In my view, there isno substance in the contention. Simply because a notice has beenissued, there cannot be any stay on the execution. It furtherappears that though this Court rejected the application forcondonation of delay on 6.8.1993, the Union of India haspreferred SLP in the year 1985. It may also be stated that theSupreme Court is seized with the matter and the prayer which hasbeen made in this Special Civil Application can be made before the Supreme Court in the said SLP.
3. In view of the aforesaid, there is no merit in thispetition and the same is accordingly rejected. Notice discharged.
Date: 18.11.1995 (N N MATHUR, J.)