06/ 25.04.2025 Heard Mr. Sanjay Kumar Tiwari, learned S.C.-I appearing for the appellant-State.

Since both these appeals, arising of the same accident, in view of that both these appeals have been taken up together.

M.A. No. 57 of 2025 is barred by time of 851 days and for condoning the said delay, I.A. No. 1997 of 2025 has been filed.

So far as M.A. No. 28 of 2022 is concerned, in view of the Covid-19 Pandemic and the order of the Hon’ble supreme Court, it appears that the said appeal is within time.

Mr. Sanjay Kumar Tiwari, learned S.C.-I appearing for the appellant by way of referring para-6 of the aforementioned I.A., submits that against the award dated 19.02.2020, passed in Motor Accident Claim Case Nos. 277 of 2013 and 278 of 2013, a common M.A. No. 28 of 2022 was filed. He submits that in view of the defect, pointed out by the office to file the different appeal, separate M.A. has been preferred in view of that the delay of 851 days has occurred.

Further in view of the statements made in para-7 of the said I.A., the court finds that sufficient explanation is there to condone the said delay. As such, the delay of 851 days in filing M.A. No. 57 of 2025 is hereby, condoned and the aforesaid I.A. is allowed and disposed of.

M.A. No. 57 of 2025 has been preferred against the judgment dated 19.02.2020, passed in Motor Accident Claim Case No. 278 of 2013, by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, whereby, he has been pleased to allow the claim application and directed the appellant to pay compensation amount of Rs. 3,48,880/- to the claimants within thirty days from the date of award along with interest @ 7.5% per annum till its realization.

M.A. No. 28 of 2022 has also been preferred against the judgment dated 19.02.2020, passed in Motor Accident Claim Case No. 277 of 2013, by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, whereby, he has been pleased to allow the claim application and directed the appellant to pay compensation amount of Rs. 3,48,880/- to the claimants within thirty days from the

date of award along with interest @ 7.5% per annum fill its realization.

Mr. Sanjay Kumar Tiwari, learned counsel appearing for the appellant in both the appeals submits that both these appeals are arising out of the same accident and two claim cases have been filed by the relatives of the deceased and by the common judgment, the said two claims cases are allowed. He submits that the claim application was filed alleging therein that on 11.07.2013, the informant a Chowkidar namely Neophil Bengra, after attending duty from the police station at about 07.30 was returning home and at about 18.00 hours, when he reached near Churgi Pool, he observed two motorcycles in front of him coming from the side of Khunti. He further submits that both the motorcycles were driven in zig-zag manner, as a result of which, both collided with each other and all the three persons were thrown on the road and they were unconscious and at the same time, Bolero Jeep was also coming from the side of Khunti, crushed the victims and the said victims were identified by local persons therein as Amit Aind, Roshan Guria and Prince Kundulna. It has been pointed out that Amit Aind and Roshan Guria succumbed to injuries.

It has further been pointed that the accident took place between the Motorcycle, bearing registration No. JH-01-AV-8516 and unregistered Bolero vehicle. The driver of the Bolero was escaped and informant went to the police station and gave his fardbeyan and on the said fardbeyan, an FIR, being Torpa P.S. Case No. 43 of 2013 dated 11.07.2013 under Sections 279, 337, 338, 427 and 304-A of the Indian Penal Code was registered. Post-mortem was done at Sadar Hospital, Khunti on 12.07.2013, wherein the doctor has assessed the age of Amit Aind as 18 years male. The post-mortem of Roshan Guria was performed at RIMS, Ranchi vide P.M. Report No.