GEETA AND OTHERS Vs. SANJAY KUMAR AND OTHERS

JUDGEMENT

(1.) CM No.22756-CII of 2002 This is an application to condone the delay of 488 days in filing the cross objections. However, no valid reason has been given for the delay. Usual and lame excuse has been taken that the brief of the case got mixed up with the other cases. No ground is made out for condoning the delay.

(2.) The version of the appellants in the claim petition was that on 5.4.1999 deceased Rameshwar had boarded a jeep No.HR-46A-5128 along with others persons for going from Jhajjar to Rohtak at village Karontha. One Raj Singh son of Munshi Ram also boarded the said jeep. The jeep was being driven in a rash and negligent manner by driver Sanjay, who was told to be careful. When the vehicle reached near bus stand in village Simli, the deceased, who was sitting on the road side of the jeep, fell on the road and was crushed under the rear wheel of the jeep. He died at the spot. The matter was reported to the police by Sarpanch Deep Chand of Village Simli and a case was registered against the driver of vehicle No.HR-12B-0216.

(3.) Counsel for the appellants argued that the number of the vehicle was wrongly given by the Sarpanch to the police because the jeep, out of which deceased had fallen, did not have a registration number on the relevant date and the number allotted later on was HR-46A-5128. However, it may be pointed out here that nothing was mentioned in the petition at any place whatsoever that the number given by Deep Chand, Sarpanch to the police was wrong.