JUDGEMENT
Amitav K. Gupta, J. -
(1.) This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 27 days in filing the instant appeal. In view of the above submission, let the name of respondent No.1 be deleted from the cause title of the memo of appeal and delay is condoned. Accordingly, stands disposed off.
Learned counsel for the respondent has not raised any serious objection.
Heard. In view of the reasons assigned in the supporting affidavit, sufficient cause and reasonable explanation is made out. Accordingly, the delay is condoned. I.A. No.3525 of 2014 stands disposed off.
I.A. No.2678 of 2012
This interlocutory application has been filed under Order 22, Rule 4 read with Section 151 C.P.C and Section 5 of the Limitation Act for substituting the legal heirs of deceased respondent No.1 who died on 04.05.2008 as per the service report received in the present appeal and also for condoning the delay.
Learned counsel appearing for the respondent/claimants stated that the respondent No.1 died leaving behind respondent No.2 as the sole legal heir of the deceased Sudhni Kherwar alias Budhni Kherwar.
In view of the above submission, let the name of respondent No.1 be deleted from the cause title of the memo of appeal and delay is condoned. Accordingly, I.A. No.2678 of 2012 stands disposed off.
M.A. No.112 of 2008
This miscellaneous appeal has been filed impugning the judgment/ award in Compensation Case No.124 of 2002 passed by Additional Judicial Commissioner-cum-M.A.C.T. Ranchi, whereby the liability to pay the awarded compensation of Rs.2,21,000/-less the amount of Rs.50,000/-paid under Section 140 with interest at the rate of 9% from 20.09.2003, has been fastened upon the appellant-Oriental Insurance Company Limited.
(2.) C.O. No.16 of 2009 has been preferred by the claimants/applicants for enhancement of the aforesaid awarded compensation.
(3.) The admitted facts are that the deceased namely, Jhuwa Kherwar, aged 35 years, died in a motor accident involving truck No. BR-14C-0009. It is alleged that the driver of the truck was driving the vehicle rashly and negligently and accordingly Bisunpur P.S. Case No.5 of 2002 under Sections 279 and 304-A IPC was registered against the driver of the offending truck and charge sheet was laid against the said driver.;
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