IN FIRST APPEAL ST. NO. 11047 OF 2012 Shri Adkhikrao Maruti Dongare v. Smt. Sneha S. Chougule Mr. Vishwajeet Mohite & Ors.
Case at a glance
Outcome
Disposed of
(iii) Application is disposed of on the above terms
Provisions considered
- Motor Vehicles Act, 1988 s. 166
Judgment
CIVIL APPLICATION NO. 1884 OF 2012 IN FIRST APPEAL ST. NO. 11047 OF 2012 Shri Adkhikrao Maruti Dongare. Versus Smt. Sneha S. Chougule & ors. Mr. Vishwajeet Mohite for Applicant. ... Applicant. ... Respondents. Mr. A.R.Patil, AGP for Respondent No. 3. CORAM : A.S. OKA AND SMT. SADHANA S. JADHAV, JJ DATE : SEPTEMBER 25, 2012 P.C.: 1 Heard Learned Counsel appearing for the Applicant and Learned AGP for State. 2 Prayer clauses (a) and (b) of this Application read thus :
(a) this Honourable Court be pleased to treat the Applicant as Pauper and exempt the Applicant from paying Court Fees on the Claim amount; (b) in the alternative, the Applicant be allowed to pay the Court Fees payable on the First Appeal after realization of claim amount by the Applicant.
Talwalkar 2
Operative part
29.caf1884.12.sxw 3 The Applicant/Appellant is original claimant in Motor Accident Claims Petition filed under Section 166 of the Motor Vehicles Act, 1988. The Appeal is preferred for enhancement of compensation granted by the learned Member of the Tribunal. Though prayer clause (a) cannot be granted, we dispose of the Application by passing following order :
(i) The Registry is directed to register the appeal notwithstanding failure of the Applicant to pay full court fees. In the event, the Appellant succeeds in the Appeal, we direct that the decree/award shall be drawn only after payment of deficit court fees by the Appellant/Applicant.
(ii) The Appeal shall be registered subject to a condition that the Appellant shall file an undertaking stating that he shall pay the court fees payable on Appeal within four weeks from the date of decision in Appeal. The undertaking shall be filed within eight weeks from today.
(iii) Application is disposed of on the above terms. (SMT. SADHANA S. JADHAV, J) (A.S. OKA, J.) Talwalkar
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: (iii) Application is disposed of on the above terms
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 166.
Which court decided this case, and when?
Bombay High Court, on 25 Sep 2012. The bench was A S OKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.