MEENA DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) IT transpires upon perusal of the record that on 22.4.2008 the Appeal was admitted. It was, however, not brought to the notice of the Court that an application for condonation of delay was pending adjudication. On the said date Mr. J.S. Kanwar, Advocate appeared for the Appellant, however, some how this aspect was not touched upon. Today; both Mr. J.S. Kanwar, Advocate for the Appellant and Mr. Katyal, Advocate for Respondent No. 3 are present in Court. Mr. J.S. Kanwar has pressed his application for condonation of delay. Mr. Katyal, learned counsel for Respondent No.3 submits that he has no objection if the delay of one day is condoned. Accordingly, the delay is condoned and the application is allowed. CM stands disposed of. FAO No. 84/2000 1. This is an Appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to in short as the ?Act?) against a common judgment dated 5.10.1999 passed by the Motor Accident Claims Tribunal (hereinafter referred to in short as the ?Tribunal?); in the following four suits: - (i) Suit No. 96/1998, Meena Devi v. Ashok Kumar (ii) Suit No. 97/1998 Arvind Kumar v. Ashok Kumar (iii) Suit No. 98/98 Smt. Santra v. Ashok Kumar (iv) Suit No. 99/98 Rajender Kumar v. Ashok Kumar

(2.) THE aforesaid four (4) cases were disposed of by the Tribunal, as stated above, by an order dated 5.10.1999 against which Smt Meena Devi i.e. the Appellant herein has preferred the instant Appeal being FAO No. 84/2000 arising out of Suit No. 96/1998. I am informed by the learned counsels for both the parties that except for Smt Santra one of the claimants; Appeals were preferred to this Court by all other claimants; Shri Arvind Kumar and Shri Rajender Kumar who were injured in the accident had preferred appeals for enhancement of compensation. I am also told by the counsels that though the appeals of Shri Arvind Kumar and Shri Rajender Kumar have been decided, they do not have presently particulars of the judgment delivered by this Court. This leaves the court with only the present appeal preferred by Smt. Meena Devi, wife of the deceased Shri Rajeshwar Rai to be decided.

(3.) ON 11.5.1993 Shri Arvind Kumar, Shri Rajeshwar Rai, Shri Rajender Kumar Verma were travelling in a rickshaw which was driven by one Shri Gajju. It transpires that, at a point in time, when the rickshaw reached the General Hospital Road in front of the Kabari Bazar it was hit by a truck bearing registration No. DHL -4937 (hereinafter referred to as the 'offending vehicle') which was driven by Respondent No. 1. The said offending vehicle is owned by Respondent No. 2. The accident resulted in Shri Arvind Kumar and Shri Rajender Kumar sustaining injuries, while Shri Rajeshwar Rai, the other passenger in the rickshaw, as well as, the rickshawala Shri Gajju succumbed to their injuries.