DARSHAN SINGH, J. - (1.) There is delay of 149 days in re-filing the present appeal. The appellant has filed an application under Section 151 CPC for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed. There is delay of 11 days in filing the present appeal. The appellant has filed an application under Section 5 of the Limitation Act for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed. FAO No.5423 of 2012 and FAO No.1811 of 2012 This judgment of mine shall dispose of both the appeals mentioned above which have arisen out of the same award dated 29.11.2011 passed by learned Motor Accidents Claims Tribunal, Hisar (hereinafter called the 'Tribunal').
(2.) Vijay appellant of FAO No.1811 of 2012 has filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called the 'Act') for grant of compensation on account of injuries suffered by him in the motor vehicular accident which took place on 05.04.2009 as a result of rash and negligent driving of tempo bearing registration No.HR-61-9043 by respondent No.1 Harender Kumar, its driver.
(3.) Respondents No.1 and 2 were proceeded against ex parte. However, the claim petition was contested by respondent No.3 Reliance General Insurance Company Ltd. appellant of FAO No.5423 of 2012. The learned Tribunal has awarded the compensation to the tune of Rs. 1,60,000/- along with pendente lite and future interest @ 6% per annum. All the respondents were held jointly and severely liable to pay the compensation amount. However the first liability was imposed to pay the awarded amount by respondent No.3-Insurance Company.;