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i.S. Saharia Vs. State of Haryana and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported inII(1984)ACC80
Appellanti.S. Saharia
RespondentState of Haryana and ors.
Excerpt:
.....or its authorities by contending that his bid has been turned down for arbitrary, illegal or perverse reasons however in such matters, heavy onus would like on petitioner bidder to establish his allegations as state action shall always be presumed to be in accordance with law - 3. the impugned order of the tribunal in this case is of 16th september, 1978, whereby the request of the claimants for extension of time for making good the deficiency in court-fees was declined and the applications filed by the claimants were dismissed. the reason for the claimants seeking extension of time for making good the deficiency in court-fees was floods in the area as a consequence of which the claimants could not be contacted and the amount payable as court-fees arranged to be paid. the..........the area but it was stated that these floods had occurred only in september and, therefore, the claimants could have been contacted earlier. on the facts and circumstances of this case, this was not a matter which required such a strict or rigid view to be taken. keeping in view the larger interests of justice the claimants were indeed entitled to indulgence in the matter of payment of court-fees. the impugned order of the tribunal cannot, therefore be sustained. the claimants are accordingly granted time till on or before 31st may, 1984, to make good the deficiency in court-fees or to obtain an order exempting them from payment of court-fees.4. the impugned order of the tribunal in all these four matters is hereby set aside. the parties are directed to appear before the tribunal on.....
Judgment:

S.S. Sodhi, J.

1. On 12th February, 1978, there was an accident between Car No. D.L.I. 7752 and Haryana Roadways Bus No. HRL 5549 which took place on the G.T. Road near Ganaur. Rattan Ram, the driver of the car, died in this accident while three persons, namely, I. S. Saharia, Asha Saharia and G.S. Saharia, travelling therein received injuries.

2. Separate claims for compensation were put in by the three injured claimants, namely, I.S. Saharia, Asha Saharia and G.S. Saharia, claiming compensation for the loss suffered by them on account of the injuries received in this accident while the legal representatives of Rattan Ram deceased filed a separate claim application seeking compensation on account of the death of the deceased. All the four claim applications were dismissed by the Tribunal for non-payment of the requisite Court-fees.

3. The impugned order of the Tribunal in this case is of 16th September, 1978, whereby the request of the claimants for extension of time for making good the deficiency in Court-fees was declined and the applications filed by the claimants were dismissed. The reason for the claimants seeking extension of time for making good the deficiency in Court-fees was floods in the area as a consequence of which the claimants could not be contacted and the amount payable as Court-fees arranged to be paid. The impugned order itself notices the fact that there had indeed been floods in the area but it was stated that these floods had occurred only in September and, therefore, the claimants could have been contacted earlier. On the facts and circumstances of this case, this was not a matter which required such a strict or rigid view to be taken. Keeping in view the larger interests of justice the claimants were indeed entitled to indulgence in the matter of payment of Court-fees. The impugned order of the Tribunal cannot, therefore be sustained. The claimants are accordingly granted time till on or before 31st May, 1984, to make good the deficiency in Court-fees or to obtain an order exempting them from payment of Court-fees.

4. The impugned order of the Tribunal in all these four matters is hereby set aside. The parties are directed to appear before the Tribunal on 21st May, 1984. The costs of these appeals shall be costs in the proceedings before the Tribunal.


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