SUKHDEV SINGH Vs. JASPREET KAUR

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condonation of delay of four days in filing of the appeal.

(2.) For the reasons mentioned in the application, the same is allowed and delay of four days in filing of the appeal stands condoned. FAO-5880-2018(O&M) and FAO-16132-2018(O&M) By this order, I shall dispose of two FAOs i.e. FAO-5880- 2018 filed on behalf of appellant Sukhdev Singh and FAO-16132-2018 filed on behalf of appellants/claimants Jaspreet Kaur and others, which have arisen out of the same accident.

(3.) As per version of the claimants on 24.8.2016 when Jagsir Singh @ Jaggu along with his father Jagroop Singh was going from village Nathewala to village Sirsiri on a bicycle, then the offending car being driven by respondent No.1 - Didar Singh @ Satpal Singh @ Satta in a rash and negligent manner came from village Sirsiri side and hit the bicycle of deceased Jagsir Singh and Jagroop Singh, resultantly both the riders fell down and suffered multiple injuries; both the injured were taken to DMC Hospital, Ludhiana, however Jagsir Singh alias Jaggu died on the way to hospital, whereas Jagroop Singh died after a few days of his hospitalization; postmortem examination on the deadbody of Jagsir Singh @ Jaggu was conducted at GGS Medical College and Hospital, Faridkot; the accident was witnessed by Jaswinder Kaur wife of Jagroop Singh, Sardool Singh son of Mohinder Singh, Parkash Singh son of Kartar Singh, Jatinder Kumar son of Sant Lal and Sukhdev Singh son of Naranjan Singh, all residents of Dogar Basti, Faridkot; formal FIR No.88 dated 24.8.2016 for the offences under Sections 304-A/279/337/427 IPC was registered on the basis of statement of Jaswinder Kaur, mother of the deceased at Police Station Sadar, Kotkapura.