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Mess Jian Sons v. Jaki Ahmed - CIVIL REVISION No. 730 of 1984 [2006] RD-AH 12482 (28 July 2006)


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Civil Revision No.730 of  1984

M/s. Jainson Pistons and another    Vs.   Shri Zakhi Ahmad and others.

Hon'ble Prakash Krishna, J.

This revision is directed against the order dated 31st of July, 1984 passed by the Second Additional District Judge in MAC No.67 of 1982: Shri Zakhi Ahmad Vs. M/s. Jainson Pistons and another.  The court below by the order under revision has dismissed the application filed by the present applicants for staying the proceedings of Motor Accidents Claim Petition.

It appears that in an accident dated 4.1.1982 Smt. Zamila Begum wife of Abdul Hai sustained injuries with an Ambassador car UPU - 9944 which proved to be fatal and she ultimately expired on 26th of  February, 1982.  A claim petition under the Motor Vehicles Act claiming compensation amounting to Rs.1,75,000/- was filed against the Insurance Company,  the owner and driver of the aforesaid Ambassador car. In the said proceeding an application under Section 151 was filed by the present applicants to stay the further proceedings in the aforesaid claim petition as the accident/incident has also given rise to criminal proceedings and charge sheet has been submitted. The said application having been dismissed by the order under revision, the present revision has been filed.

Heard Shri V.K. Barmun, the learned Senior Counsel in support of the revision.  He could not point out any legal or jurisdictional error in the impugned order.  Moreover,  by the passage of time by now the criminal proceeding must have been decided.  Therefore, it is not in the interest of justice to set aside the order under revision.  There is no merit in the revision.  The applicants by filing the above frivolous revision for have got unnecessarily stayed the further proceedings in the claim petition.  The revision is, therefore, dismissed with costs of Rs.4,000/-.  The applicant shall deposit Rs.4,000/- (Rupees four thousand) only towards the costs before the Tribunal.




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