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2014 Supreme(P&H) 1656

JITENDRA CHAUHAN
BHAGWI GOLDEN TRANSPORT COMPANY – Appellant
Versus
URMILA DEVI – Respondent


Advocates Appeared:
For the Appellant :Rahul Deswal, Advocates.
For the Respondent:Vikramjit Singh, Advocates.

JUDGMENT :

Jitendra Chauhan, J.

C.M. No. 8402-CII of 2013

Heard.

Keeping in view the circumstances explained in the application, there are sufficient grounds to condone the delay. Delay of 639 days in filing the appeal is condoned.

CM allowed.

Main Appeal

1. The instant appeal has been preferred by the appellants-Owner, challenging the impugned Award dated 25.03.2011, passed by the learned Motor Accident Claims Tribunal, Bhiwani, (for short, 'the Tribunal'). The learned counsel for the appellant-owner contends that the appellant possess valid route permit to ply the vehicle, which was taken into possession by the police in case FIR No. 220 dated 01.10.2009, P.S. Manesar, and while submitting report under Section 173 of the Code of Criminal Procedure, the Police attached the permit with judicial file. The learned counsel further contend that as the claim proceedings were not in the knowledge of the owner and the driver so they could not produce the route permit. The learned counsel further contends that an application under Order 41 Rule 27 of the Code of Civil Procedure has been filed along with this appeal and a permission has been sought to bring on record the photocopy of national rout







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