Judgment

Mr. Anil Kshetarpal, J. (Oral):- CM-2636-CII-2020 in FAO-1051-2020

For the reasons stated in the application, which is duly supported by an affidavit, delay of 26 days in filing the present appeal is condoned.

2. Application is allowed.

CM-3553-CII-2020 in FAO-1298-2020

3. For the reasons stated in the application, which is duly supported by an affidavit, delay of 42 days in filing the present appeal is condoned.

4. Application is allowed.

Main cases

5. By this order, two appeals bearing FAO-1051-2020 and FAO-1298-2020 filed by the Insurance Company as well as claimants against a common judgment of the Tribunal shall stand disposed of.

6. On account of death of late Sh. Satish Kumar in a motor vehicular accident, a claim petition was filed under Sections 166 /140 of the MOTOR VEHICLES ACT , 1988 by widow, three minor children and aged parents.

7. Learned Motor Accident Claims Tribunal, has found that the offending car was being driven rashly and negligently. Learned Motor Accident Claims Tribunal has relied upon the statement of Ishwar Singh, eye-witness who deposed in the Court as PW2. The Tribunal assessed the compensation payable at Rs.20,95,000/- alongwith interest at the rate