GOPAL JHA Vs. VIMLA DEVI

JUDGEMENT

(1.) Heard the parties on interlocutory application i.e. I.A. No. 196 of 2010, which has been filed for condoning delay in filing the appeal. In filing appeal, delay of four months & 12 days has occurred. After hearing the parties and considering the ground set-forth in the petition, the limitation petition stands allowed and delay in filing the appeal stands condoned.

(2.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "M.V. Act") has been preferred against judgment and award dated 7.11.2008 and 18.11.2008 respectively passed by learned District Judge-cum-Claims Tribunal, Darbhanga (hereinafter referred to as "Claims Tribunal") in Claim Case No. 41 of 2006. By the said judgment, the Claims Tribunal has allowed the petition, filed under Section 140 of the M.V. Act by the claimant/respondent No. 1 and directed the appellant/owner of the vehicle i.e. Tata Maxi 407, bearing registration No. BR-06A-0916 (hereinafter referred to as "offending vehicle") to pay compensation amount of Rs. 50,000/- (fifty thousand) within a period of thirty days of preparation of award, failing which, the appellant was directed to pay the compensation amount with interest at the rate of 8% per annum from the date of filing of the application till its realization.

(3.) Short fact of the case is that on the basis of fardbeyan of father of the deceased, an F.I.R., vide L.N.M.U.P.S. Case No. 56 of 2005 was registered on 26.5.2005. In the said accident, son of respondent No. 1 died. After the death of son of the respondent No. 1, claim case was filed, in which, a petition under Section 140 of the M.V. Act was filed for grant of interim compensation. The claimant had brought on record certain relevant documents, such as; F.I.R., Charge-sheet, Post Mortem Report, Driving Licence, Registration of Offending Vehicle, Certificate of Dependency issued by the Circle Officer etc. After hearing and considering the fact that appellant was registered owner of the offending vehicle, the Claims Tribunal allowed the petition filed under Section 140 of the M.V. Act and directed the appellant/owner of the offending vehicle to make payment of Rs. 50,000/-, as indicated here-in-above. The said judgment is under-challenge in the present appeal.