DARSHAN SINGH, J.

CM-22452-CII-2011 in FAO-5899-2011

There is delay of 97 days in filing the FAO No.5899 of 2011. 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 shall dispose of both the appeals mentioned above which have been arisen out of the same award dated 10.03.2011 passed by the learned Motor Accidents Claims Tribunal, Jhajjar (hereinafter called the “Tribunal”) whereby deceased injured Mohinder Singh Chauhan through his legal representatives has been awarded compensation to the tune of Rs.4,65,000/- on account of the injuries suffered by him in the motor vehicular accident which took place on 28.04.2007.

2. FAO No.4918 of 2011 has been filed by Hoshiar Singh, the owner of the offending vehicle and FAO No.5899 of 2011 has been preferred by Rampal the driver of the said vehicle to assail the award.

3. I have heard