PARDEEP KUMAR Vs. KAPOOR SINGH

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act for condonation of delay of 109 days in filing the appeal. After going through the contents of the application, the same is allowed subject to all just exceptions. MAIN CASE Perusal of order sheets of the present case show that there was no representation on behalf of the appellant on 22/2/2018, 9/8/2018, 29/1/2019, and thereafter on 19/3/2019 matter was adjourned at the request of learned counsel for the appellant. There was no representation on 14/8/2019 as well. Even today, adjournment was being sought by learned counsel for the appellant. However, as this is an appeal of the year 2017 and has repeatedly been adjourned at request of learned counsel for the appellant/due to non-appearance on behalf of the appellant, therefore, this Court declined the request for adjournment.

(2.) Present appeal has been filed by the appellant-claimant seeking enhancement of compensation of Rs.1,00,000.00 awarded by Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as "the learned Tribunal") vide Award dtd. 12/12/2016 passed in MAC Petition No.45 of 2014 filed under Sec. 163-A of the Motor Vehicles Act (hereinafter referred to as "the Act"). Appellant who is 28 years of age is the brother of deceased-Amit Sindhu.

(3.) Learned Tribunal on the basis of pleadings and evidence placed before it concluded that deceased-Amit Sindhu had died due to injuries suffered by him in a motor vehicular accident that took place on 12/5/2014 out of use of Swift car bearing registration No.HR-12U-7233 (hereinafter referred to as "the offending vehicle") being driven by deceased-Amit Sindhu, owned by respondent No.1 and insured by respondent No.2. It is pertinent to note that respondent No.1/owner of offending car, is father of deceased-Amit Sindhu who was driving the offending car at time of accident.