Court No. - 19 Case :- FIRST APPEAL FROM ORDER No. - 2341 of 2010 Petitioner :- Bhagwati Yadav Respondent :- Smt. Champa Devi & Others Petitioner Counsel :- R.V. Yadav Hon'ble Pankaj Mithal,J.
The tribunal by the impugned award after recording finding that both the
vehicles were responsible for accident has apportioned the liability in the ratio
of 30:70 i.e. 30% upon the defendant-appellant, the owner of the tempo.
The submission is that the truck had hit the tempo from behind and in such a
situation no negligence can be attributed to the driver of the tempo.
Respondents no.1, 2 and 3 are represented by Sri B.K.Pandey. He prays for
and is allowed one month time to file counter affidavit. Two weeks thereafter
are allowed to the appellant for filing rejoinder affidavit.
Issue notice to respondents no.4, 5 and 6.
Operation of the impugned order dated 31.5.2010 shall remain stayed in so far
as it relates to the liability of the defendant-appellant provided he deposits the
entire amount of his share of the award within a period of one month from
today. The amount already deposited by the defendant-appellant shall be
given adjustment.
The statutory amount deposited shall be remitted to the court below.
Order Date :- 11.8.2010
BK