HARCHARAN KAUR Vs. MAJOR KARAMJIT SINGH AND ORS.

JUDGEMENT

(1.) THIS judgment of mine will dispose of F.A.O. No. 154 and Civil Miscellaneous Application No. 4845 of 1973. The appeal has been filed against the judgment of the Motor Accident Claims Tribunal, Jullundur (hereinafter referred to as 'the Tribunal') dated March 26, 1973.

(2.) BRIEFLY , the facts of the case are that Major Karamjit Singh alongwith his wife, Charanjit Kaur, and his infant daughter, was going on the left side of the road, on scooter No. PNQ -1162 from Jullundur City to Chak Hakim, near Phagwara, on July 29, 1963. Major Karamjit Singh was driving the scooter. When he reached near Masand Motors Workshop, Jeep No. PNQ -2976, driven by Tarlok Singh, Head Constable, came from the opposite direction at a high speed. The jeep on account of the negligence of the driver collided against the scooter of the Petitioner. On account of the collision, the Petitioners and their daughter fell down. Both of the Petitioners received serious injuries in the accident. Soon thereafter, a Military Jeep reached there, in which the Petitioners and their child were removed to the Military Hospital, Jullundur Cantt. Their injuries were examined there by Major Shukla, Medical Officer, on the same day, who found the following injuries on the person of the Petitioners: - (1) Major Karamjit Singh (1) Compound fracture of right arm. (2) A deep wound on right arm. (2) Shrimati Charanjit Kaur (1) Fracture of ribs 10, 11 and 12. (2) Shock.

(3.) THE appeal was filed by Harcharan Kaur on July 16, 1973, without a certified copy of the judgment. She filed the certified copy of the judgment on July 27, 1973, alongwith Civil Miscellaneous Application No. 4845 of 1973. In the Civil Miscellaneous Application, she stated that' she filed the above mentioned appeal on July 16, 1973, alongwith an uncertified copy of the judgment of the Tribunal, dated March 26, 1973. The judgment was passed by the Tribunal ex parte and he came to know about it on July 14, 1973, from the Chowkidar of the village who informed her that the opposite party had taken out execution proceedings against her under Section 110 -E of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). She, on the same day, went to Jullundur, and obtained an uncertified copy of the award which was attached with the grounds of appeal. July 15, 1973, happened to be a Sunday. She, therefore, filed the appeal on July 16, 1973, with an uncertified copy of the judgment. She filed an application for obtaining the certified copy of the judgment on July 16, 1973, and obtained the same on July 25, 1973. She, therefore, prays that the delay in filing the appeal may be condoned.