AJAIB SINGH Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) HEARD on Crl. Misc. No. 8372-CII of 2005 (application under Section 5 of the Limitation Act for condonation of delay in filing the appeal). On due consideration, the application is allowed, for the reasons given therein, and the delay of 91 days in filing the appeal is, hereby condoned.

(2.) THIS FAO arises out of a judgment/award dated 9.4.2004 passed by learned Presiding Officer, MACT, Ropar, in MACT Case No. 15 of 20.2.2002, awarding a sum of Rs. 50,000/- to the injured claimant.

(3.) WE have carefully considered the submission so also perused the record, including the statement of the owner of the offending vehicle, and we do not find any force in the submission. It is obvious from the cross-examination of the owner of the vehicle that he has not assertively stated that the driver of the offending vehicle was in possession of a valid licence. It also appears that he had casually once or twice verified about the validity of the licence. The said cross-examination of the owner, on reproduction, reads as under :-