STATE OF U.P. Vs. MAHIPAT RAI VERMA

JUDGEMENT

(1.) THE instant application Under Section 5 of the Indian Limitation Act has been filed for the condonation of delay in filing the appeal to this Court.

(2.) BRIEFLY stated, the facts are that one Dr. Lajpat Rai Verma aged about 50 years was posted as Chief Medical Officer, Pauri. In connection with an official tour he undertook a journey from Pauri to Kotdwara on 28-12-83 by Jeep No. UTS-6612. The jeep belonged to U.P. State Health Services and was driven by the official driver Mahendra Singh. The wife of Dr. Lajpat Rai Verma was accompanying him. At about 8.45 p.m. at a distance of about 1 km. ahead of Paldul the jeep had an accident and fell into a Khud killing on the spot the wife of Dr. Lajpat Rai Verma as well as the driver. Dr. Lajpat Rai Verma while on way to hospital succumbed to the injuries sustained in the accident.

(3.) CONSEQUENTLY a claim petition Under Section 110-A of the Motor Vehicles Act 1939 and Fatal Accidents Act 1855 was filed by Mahipat Rai Verma s/o Dr. Lajpat Rai Verma before the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal), Pauri Garhwal. This claim petition was contested on behalf of the appellants (defendants). The Tribunal decreed the claim petition for a sum of Rs. 2 lacs alongwith the interest at the rate of Rs. 6% per annum w.e.f. 25-6-84.