B.S.VERMA, J. - (1.) HEARD learned counsel for the appellant-applicant on condonation of delay in filing the appeal.
(2.) THIS appeal under Section 173 of the Motor Vehicles Act 1988 (for short the Act) has been filed by the owner of the vehicle involved in the motor vehicle accident. Since there was delay in filing the appeal, the appellant has also moved an application for condonation of delay, which is accompanied by an affidavit. Notices of the delay condonation application were issued to the respondents. The respondent no. 2, who is claimant, has put in appearance through counsel. The respondent no.1 company has not turned up, though notice was served in the office of the Insurance Company, as is evident from the service report. No objection has been filed against the delay condonation application. Grounds mentioned in the affidavit accompanying the delay condonation application are sufficient to condone the delay in filing the appeal. In the interest of justice, the delay condonation application is allowed. Delay in filing the appeal is condoned. Admit the appeal. This appeal under Section 173 of the Act is directed against the award dated 28-2-2007 passed by the District Judge/Motor Accident Claims Tribunal, Pauri Garhwal (for short the Tribunal), in Motor Accident Claim Petition No. 22 of 2003, Bachaspati Baluni Vs. Kalyan Singh and another, which was decided by the learned Tribunal along with Claim Petition No. 179 of 2003 Smt. Beena Devi and another Vs. Oriental Insurance Company and another by a common order.
(3.) RELEVANT facts giving rise to the present appeal in brief are that a motor accident occurred on 18-2-2003 involving bus No. UP 06-6253 at about 6 p.m. within the limits of village Kadhoor Bara Devikhal within district Pauri Garhwal. It appears that the ill-fated bus was carrying marriage party of deceased Bishambhar Singh and was returning from village Kathoor. The bus was being driven by driver Pramod Kumar. It appears that about 22 participants of Barat lost their lives on the spot and a number of persons suffered injuries in the motor accident. Separate claim petitions were filed for compensation before the Tribunal in respect of this accident. The bus in question was duly insured with the Oriental Insurance Company Limited at the time of accident. Different awards have been passed in respective claim petitions. In the case at hand, the claim petition was preferred by the father of the deceased Pramod Baluni, who is dependent and one of the legal representatives of the deceased.;