- (1.) THIS cross -objection purported to be under Order XLI, Rule 22 of the Code of Civil Procedure, has been filed by the respondent -owner in the instant M.A. No. 224 of 2002.
(2.) MISCELLANEOUS Appeal No. 224 of 2002 has been filed by the claimant for enhancement of compensation.
(3.) IT appears from the judgment passed by the Tribunal that the deceased was a 'khalasi' in a Trecker. While the Trecker was going from one place to another place, it was dashed by a truck. The claim case was filed against the owner and insurer of the truck, who are respondents. The Tribunal held that it was because of the gross negligence of the driver of the truck accident took place. The Tribunal further held that at the relevant time when the accident took place the driver of the truck was holding a licence to drive light motor vehicles. On these findings the Tribunal awarded compensation and fixed responsibility upon the owner of the truck, due to the reason that it was violation of the provisions of the Motor Vehicles Act as also the Insurance Policy and therefore the Insurance Company has no liability. Though the judgment and award was passed on 16.8.2002, the respondent -owner did not prefer any appeal. Against the impugned award the liability was fixed upon him, the claimants only preferred the Miscellaneous Appeal No. 224 of 2002 on 4.10.2002. Notice of this appeal was issued and it was served upon the respondent -owner on 13.7.2004, but no cross -objection, was filed within 30 days as provided under Order XLI, Rule 22 of the Code of Civil Procedure. This cross -objection was filed only on 22.3.2007, i.e. about three years from the date of service of notice of appeal upon him. An application under Section 14 of the Limitation Act has been filed for condonation of delay in filing the cross -objection.;