JUDGMENT :

Ritu Bahri, J.

CM. No. 7939-CII-2012

1. For the reasons mentioned in the application, delay of 909 days in filing of the appeal stands condoned.

The application stands disposed of.

FAO No. 2109-2016

The present appeal has been preferred by the driver and owner appellant (for short 'the appellant') against the award dated 13.05.2013 passed by the learned Motor Accident Claims Tribunal, Bhiwani (for short, 'the Tribunal') granting the recovery rights to the Insurance, Company against the present appellant.

2. On 03.05.2011 at about 1 a.m., Sukar Singh (since deceased) started from Hotel Western Court, Sector 10, Panchkula for his house in village Kishangarh, Chandigarh. He was going on his cycle on the correct side along with his brother in law Mahavir Singh. When the deceased tried to cross the road on a green light near Dhillon light point, Manimajra, appellant/respondent No. 1 came from Chandigarh side Bolero Jeep No. HR-49-F-0317 in a rash and negligent manner and hit against the deceased. The deceased fell on the road and was died during his way to hospital in PCR gypsy. F.I.R. No. 125 dated 03.05.2011 was registered against respondent No. 1.

3. The Tribunal awarded the total