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2022 Supreme(P&H) 1826

ALKA SARIN
Pankaj Kumar – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates appeared:
Gaurav Chopra, Advocate, Vardaan Seth, Advocate, Ashwani Arora, Advocate, Satpal Dhamija, Advocate

JUDGMENT

ALKA SARIN,J. - Heard in physical mode.

CM-745-CII-2018 in FAO-247-2018

2. This is an application under Ss. 5 and 14 of the Limitation Act, 1963 for condonation of delay of 1047 days in filing the present appeal.

3. For the reasons stated in the application, the same is allowed. The delay of 1047 days in filing the present appeal is condoned.

4. This common order shall dispose of the above-captioned two appeals. FAO No.2879 of 2015 (Phulpati & Anr. vs. Pankaj Kumar & Ors.) has been preferred by the claimants while FAO No.247 of 2018 (Pankaj Kumar & Anr. vs. Oriental Insurance Co. Ltd. & Ors.) has been preferred by the driver and owner of the offending vehicle against the award dtd. 25/11/2014 passed by the Motor Accident Claims Tribunal, SAS Nagar (Mohali).

5. In the later part of the judgment, the parties will be referred to as claimants, driver and owner of the offending vehicle and the Insurance Company for the sake of convenience.

6. The brief facts relevant to the present case are that on 14/7/2013 at about 07.30 p.m. Rajesh Kumar (deceased) was crossing the highwa

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