BINDO CHOUDHARY Vs. MANTI DEVI

JUDGEMENT

(1.) BOTH the aforesaid appeals were heard together and are being disposed of by this common judgment as both of them arise out of the same Claim Case No. 71 of 1995 and in both of them the appellant and respondents are also the same. So far defect in M. A. No. 272 of 2003 as perstamp report dated 7-8-2003 is concerned, it is with respect to impleadment of the insurance Company as respondent No. 3 in the appeal, although it was not party in the court below. Considering the facts and circumstances and the issues involved in this case, let the said defect be ignored.

(2.) I. A. No. 4685 of 2002 has been filed by the appellant for condoning the delay in the filing of Miscellaneous Appeal No. 272 of 2003. From the averments made by the learned Counsel for the appellant and statements made in the interlocutory application, it appears that valid and genuine grounds have been mentioned which prevented the appellant from filing the said miscellaneous Appeal earlier. Hence, there appears to be no laches or negligence on the part of the appellant and accordingly this interlocutory application is allowed and the delay in the filing of M. A. No. 272 of 2003 is condoned.

(3.) MISC. Appeal No. 272 of 2003 has been filed by the owner of the vehicle against judgment and award dated 26-6-2000 by which the learned District Judge-cum-Motor accident Claims-Tribunal, Begusarai (hereinafter referred to as the Tribunal)allowed Claim Case No. 71 of 1995 filed by respondent No. 1 (claimant) Manti Devi and directed the appellant (Opposite party) Binod chaudhary to pay Rupees two lacs with interest at the rate of 12% per annum to the claimant (respondent No. 1) as compensation due to the death of her husband Chotelal Sah in an accident dated 27-4-1995 by a bus bearing registration No. BR. 11-0875 which belonged to the appellant.