ADITYA KUMAR TRIVEDI
Ajay Kumar – Appellant
Versus
Ruby Devi – Respondent
With the consent of the respective parties as well as considering pendency of this appeal since 2013, the matter is being decided at the stage of admission itself.
2. It has been perceived that this appeal happens to be barred by limitation of 64 days and for condoning the same, I.A. No. 7773/2015 has been filed.
3. In the facts and circumstances of the case and the grounds enumerated therein, the same is condoned. Consequent thereupon, I.A. No. 7773/2015 is allowed.
4. The appellants who are owner as well as driver of Bus bearing Registration no. BR30P-2289 have challenged the judgment dated 25.03.2013 as well as award dated 28.11.2013 passed by Adhoc Additional Motor Vehicle Accidents Claims Tribunal-cum-Adhoc Additional Sessions Judge-2nd, Sitamarhi in Claim Case No. 25/2006 whereby and whereunder the learned Tribunal had identified Rs. 4,41,500/- as claim amount along interest at the rate of 8% from the date of framing of issue (21.04.2010) till final payment with a further direction to share the burden half and half.
5. As pleaded by the Respondents No. 1 and 2/claimants, while the deceased Sanjay Kumar, husband of Most. Ruby Devi and father of Nandini Kumari was travelling
Khenyei v. New India Assurance Company Limited as reported in (2015) 9 SCC 273
National Insurance Co. Ltd. v. P.A. Vergis & Ors. [1991 (1) ACC 226]
United India Fire & General Insurance Co. Ltd. v. U.E. Prasad & Ors. [AIR 1985 Kar. 160]
Andhra Marine Exports (P) Ltd. & Anr. v. P. Radhakrishnan & Ors. [AIR 1984 Mad. 358]
Smt. Kundan Bala Vora & Anr. v. State of U.P. [AIR 1983 All. 409]
Narain Devi & Ors. v. Swaran Singh & Ors. [1989 2 ACC 116 (Del.) = 1989 ACJ 1118]
Karnataka State Road Transport Corporation
Smt. Sushila Bhadoriya & Ors. v. M.P. State Road Transport Corpn. & Anr. [2005 (1) MPLJ 372]
Pawan Kumar & Anr. v. Harkishan Dass Mohan Lal & Ors. [2014 (3) SCC 590]
Machindranath Kernath Kasar v. D.S. Mylarappa & Ors. [2008 (13) SCC 198]
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