- (1.) Heard the learned Standing Counsel for the appellants and the learned Counsel representing the claimant respondents Nos. 1, 2, 3 and 4.
(2.) Rajendra Singh met with an accident on 93-1991 which resulted in his death leaving behind his wife, and three minor children. The accident was caused by the truck owned by the appellants and driven by the respondent No. 5. The Motor Accident Claims Tribunal found that the death of Rajendra Singh was caused due to rash and negligent driving by the Driver of the vehicle in question as alleged in the claim petition. It was also found that in the facts and circumstances of the case, the question of contributory negligence pleaded by the appellant did not arise. The claim petition was allowed in part on 7-7-1993 awarding an amount of 80,000/- in all to be shared equally, together with interest at the rate of 12% per annum from the date of the petition till the date of the recovery of the amount out of which the wife was to get one fourth and the remaining amount was to be deposited in a fixed deposit account in any nationalised bank so as to yield income of interest per month which could be collected by the wife till the minors attained majority.
(3.) Although the certified copy of the judgment impugned in the appeal was supplied to the appellants on 29-7-93, the appeal wad presented for reporting before the Stamp Reporter of this court on 4-11-1993 and was returned on the same date to the learned Standing Counsel with a note that the appeal was not accompanied by a certificate of deposit. The Stamp Reporter had indicated in his report that the appeal was within time upto 16-11-1993.;