MEENU DEVI Vs. SUDESH KUMAR

JUDGEMENT

(1.) This is an application praying for condonation of 241 days delay in filing the appeal. In view of the ground given in the application, the delay is condoned. The application stands disposed of. MAC. APP. 405/2008 and MAC. APP. 169/2009 and CM Nos.4463/2009 (stay) and 12242/2009 (under Order XLI Rule 27 CPC)

(2.) The case of the appellants in MAC. APP. No.405/2008 is that on 20/21.08.1997, the deceased along with other members of his family was going to Haridwar from Delhi by Maruti Van No.DL-2C-J 4854, which was being driven by one Shri Manjit Singh. At about 12.30 a.m., in the night intervening 20th/21st August, 1997, when the said Maruti Van reached near the Petrol Pump, opposite Satish Hotel, Modi Nagar - U. P., it was hit by a truck bearing registration No.HR-26-5387, which was being reversed and which hit the van on its left side. On account of the forceful impact, all the occupants sustained grievous injuries. One of the occupants Shri Rajbir Singh died at the spot while the other occupants were removed to Batra Hospital where, on 24.09.1997, the deceased succumbed to his injuries. The driver of the Maruti Van Shri Manjit Singh also died in the hospital.

(3.) A claim petition was filed by the legal representatives of the deceased (Dalip Kumar Verma), wherein the owner of the Maruti Van was impleaded as the respondent No.1, the insurer of the Maruti Van was impleaded as the respondent No.2 and the owner of the truck was impleaded as the respondent No.3. It was claimed that all the respondents were liable to pay the compensation to the petitioners in the sum of ' 10 lakhs along with interest at the rate of 18% per annum, jointly and severally.