IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
F.A.O.No.1999 of 2008(O&M)
Date of Decision 15.10.2009
Smt.Sukhwinder Kaur
...... Appellants
VERSUS
Jai Devi and others
...... Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.S.P.Garg, Advocate, for the appellants.
Mr.S.S.Brar, Advocate, for respondents No.2 and 4.
Mr.Raja Bahadur Singh Jain, Advocate, for respondents No.3.
*****
A.N.JINDAL, J(ORAL):
This appeal for enhancement is directed against the award dated
01.02.2005, passed by Motor Accident Claims Tribunal, Chandigarh,
(herein referred as ‘the Tribunal’) awarding compensation to the tune of
Rs.2,40,000/- alongwith interest @ 9% per annum in favour of the
respondent-claimant (herein referred as ‘the claimant’) and against the
respondents jointly and severally on account of the death of Arvind Kumar
aged about 14 years in a motor vehicular accident. This appeal, being time
barred is accompanied by an application for condonation of delay of 1157
days in its filing.
Learned counsel for the appellant has urged that the award has
been wrongly passed against him as Sadhu Singh was the actual owner of
the offending vehicle i.e. the Tractor, at the time of accident. Since there is
delay of 1157 days in filing the appeal and the same has not been properly
explained and there are no sufficient grounds for condoning the same. As
such, the application is dismissed.
Resultantly, the appeal also fails. However, the appellants
would be at liberty to file the suit against Sadhu Singh for contribution if the
law so permits.
(A.N.Jindal)
Judge
15.10.2009
mamta-II