PARMESHWARI DEVI Vs. CHARANJIT SINGH

JUDGEMENT

(1.) This is an application under Sec. 5 of Limitation Act for condonation of delay of 188 days in filing the appeal. The reason cited by the applicants/appellants for condonation of extraordinary delay of 188 days is that:-

(2.) Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the parties, concluded that deceased Madan Lal had died due to the injuries suffered by him in a motor vehicular accident that took place on 22/9/2017 due to the composite rash and negligent driving of Canter bearing registration No.PB-03-AF-9360 (hereinafter referred to as "the offending vehicle") being driven and owned by respondent No.1 and insured by respondent No.2; and Canter bearing registration No.PB-10-CR-9181 being driven by Gaurav (also deceased), owned by respondent No.3, and insured by respondent No.4, in which the deceased Madan Lal was riding at the time of accident.

(3.) Upon appraisal of pleadings and oral and documentary evidence adduced by the parties, the learned Tribunal found that the accident in question had been caused due to the composite rash and negligent driving by respondent No.1 of Canter bearing registration No.PB-03-AF-9360 and Canter bearing registration No.PB-10-CR-9181, which was being driven by Gaurav and in which deceased Madan Lal was riding at the time of accident. In the accident in question, both Madan Lal and Gaurav had died due to the injuries suffered by them. Liability is jointly and severally affixed as 50% upon respondents No.1 and 2; and 50% upon respondents No.3 and 4. Further, the learned Tribunal has awarded recovery rights to respondents No.2 and 4 qua the vehicles insured by them respectively as both vehicles in question did not possess necessary and valid documents. The aforesaid compensation has been awarded along with interest @ 9% per annum.