NATIONAL INSURANCE COMPANY LIMITED Vs. DALJIT SINGH LONGIA

JUDGEMENT

(1.) M .A. for condonation of delay. This appeal was filed with delay of 20 days. An application for condonation of delay has been filed in which reasons have been given which caused the delay in filing the appeal. The application is supported by an affidavit. Accepted subject to all just exceptions and the delay of 20 days in filing the appeal is condoned. Main case

(2.) DALJIT Singh respondent was the owner of Alto Car bearing registration No. PB10 -BK -4302. It was insured with the appellants for an amount of Rs. 1,20,000 for the period from 8.1.2008 to 7.1.2009.

(3.) IT was further pleaded that on 20.4.2008, Sohan Lal was driving the said car from Hoshiarpur to Garhshankar. He was having a valid learner s licence. The paper cut outs of letter L of red colour were affixed on the front and rear of the car. The respondent who was holding a valid driving licence was sitting by the side of the driver. At about 10.00 p.m., the car reached the jurisdiction of Saila Khurd. Due to the glare of the light, the car slipped through the sand and struck against the hook of a water tanker. As a result, the left side of the door of the car opened. The respondent fell down from the car on the sand and Sohan Lal who was driving the car died at the spot. A criminal case was registered at FIR No. 64 dated 21.4.2008 in Police Station, Garhshankar for the offences punishable under Sections 304A, 427, IPC.