- (1.) C M-12367-CII-2014 in F A O-4248-2014 There is delay of 121 days in filing the present appeal. The appellant has filed an application under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay in filing the appeal is hereby condoned. Main Appeals This judgment of mine shall dispose of all the appeals mentioned above, which have been preferred by the appellants-claimants against the common award dated 07.10.2013 passed by learned Motor Accidents Claims Tribunal, Fatehabad (hereinafter called the 'Tribunal'), vide which 50% of the compensation amount has been deducted towards negligence of the appellants-claimants.
(2.) The facts of the case are that on 03.04.2012 Smt.Shakuntla Devi appellant-claimant accompanied by her brother-inlaw Mandeep Kumar alias Deepu and aunt Bimla Devi were proceeding towards Dhani Binja Lamba from Fatehabad on motorcycle bearing registration No.HR-22F-7776 being driven by appellant-claimant Mandeep Kumar. The said vehicle was being driven on the left side of the road by observing all the traffic rules. At about 03:15 p.m., when they reached near village Ayalki at 'T' point Boswal, then a bus bearing registration No.HR-62-1501 being driven by respondent No.1 Surjeet Singh came from behind and struck the motorcycle. Due to its impact, all the three occupants of the motor cycle fell down and suffered multiple injuries on various parts of their body. The criminal case for this accident was registered bearing FIR No.170 dated 03.04.2012 under sections 279, 337 and 338 of the Indian Penal Code against respondent No.1 at Police Station Sadar Fatehabad.
(3.) Appellant-Claimant Jai Ram was the passenger travelling in the bus. He also suffered the injuries. All of them have filed the separate four claim petitions for grant of compensation for the injuries suffered by them.;