STATE OF HARYANA Vs. SHIMLA DEVI

JUDGEMENT

(1.) THE State of Haryana and others have preferred this appeal against the order of the Motor Accident Claims Tribunal (in short Tribunal). The Tribunal gave the award on 17th January, 1995. The certified copy of the same was applied by the appellant on 1st February 1995. Copy was ready and made available to the appellants on 14th March, 1995. Whereas the appeal was filed on 3rd August, 1995, i.e. almost 65 days after the expiry of the period of limitation.

(2.) WITH this appeal, the appellant has filed an application under Section 5 of the Limitation Act seeking condensation of delay for the period of 65 days in preferring the accompanied appeal.

(3.) TO appreciate the contentions of the parties, the brief facts of the case are that on 13th January, 1986, Karan Pal, who was travelling on two-wheeler scooter reached Outer Ring Road, Majnu Ka Tila when he was struck by a bus coming from behind driven rashly by respondent No. 1. He was under the employment of Haryana Roadways, present appellant. The bus hit the scooterist. That accident caused fatal injuries to the said Karan Pal, who later on died. His legal heirs preferred a claim under the Motor Vehicles Act (in short the Act) for a sum of Rs. 5 lakhs. Deceased Karan Pal was 29 years when he met with this accident. He was working as Clerk in Syndicate Bank. He was earning Rs. 1,000/ - per month as his salary. But by the cruel hands of destiny his life at the age of 29 years was snatched. The Tribunal after considering the evidence and the contentions of the parties made the award in favour of the claimants to the tune of Rs. 3,07,000/- on 17th June, 1995.