MEWA SINGH AND ANOTHER Vs. JHONTI DEVI AND OTHERS
LAWS(P&H)-2016-2-443
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 09,2016

Mewa Singh And Another Appellant
VERSUS
Jhonti Devi And Others Respondents

JUDGEMENT

- (1.) C M-13539-CII-2013 There is delay of 22 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.
(2.) The present appeal has been preferred by the owners of truck bearing registration No.HP-12/A-9161 against the award dated 05.12.2012 passed by the learned Motor Accidents Claims Tribunal, S.B.S. Nagar, (hereinafter called the 'Tribunal') vide which the claim petition filed by Jhonti Devi and Chhota Singh for grant of compensation on account of death of their son Sunder Singh in the motor vehicular accident, which took place on 02.04.4009 has been allowed and a total compensation to the tune of Rs.2,20,000/- along with interest @ 7.5% per annum from the date of the institution of the claim petition till realisation has been awarded. The amount of compensation was to be paid by the Insurance Company to the claimants but the Insurance Company has been given right to recover the said amount from respondents No.1 to 3 on the ground that the driving licence of Dilbag Singh the driver of the truck was fake.
(3.) The present appeal has been preferred by the owners of the vehicle to assail the recovery rights given by the learned Tribunal to the Insurance Company.;


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