Jiwan Dass vs Shiv Ram Son Of Shri Kahru Ram

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(HP) 896

TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Jiwan Dass – Appellant
Versus
Shiv Ram Son Of Shri Kahru Ram – Respondent

Advocate Appeared:
For the Petitioner:Mr. B.S. Thakur And Ms. Reena Sharma, Advocates
For the Respondent:Mr. H.K.S. Thakur, Advocate, Mr. Jagdish Thakur, Advocate

ORDER :

Tarlok Singh Chauhan, J.

The instant petition under Articles 226 and 227 of the Constitution of India has been filed for the grant of following relief(s):

“(a) That writ of certiorari may kindly be passed thereby quashing and setting aside the order dated 27.3.2021 passed by learned Motor Accident Claims Tribunal Kinnaur, Civil Division at Rampur Bushehr District Shimla (HP) in the Lok Adalat in case No. MACT 68/2017 and directing the Learned Motor Accident Claims Tribunal Kinnaur Civil Division at Rampur Bushehr, District Shimla (HP) to decide the petition under Section 166 of Motor Vehicles Act filed by the petitioner on merits after affording proper opportunity of being heard to the parties and the office of learned Tribunal below may be directed to produce the entire record relating to Case No.MACT 68/2017.

(b) Awarding costs of the proceedings in favour of the petitioner against the respondents.”

2. The petitioner had filed a claim petition under Section 166 of the Motor Vehicles Act for grant of compensation before learned Motor Accident Claims Tribunal (for short ‘MACT’), Kinnaur. During the course of evidence, the case was referred to the Lok Adalat held on 27.3.2021,wh

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