IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.1999 of 2008(O&M) Date of Decision 15.10.2009 Smt.Sukhwinder Kaur ...... Appellants VERSUS Jai Devi and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.S.P.Garg, Advocate, for the appellants. Mr.S.S.Brar, Advocate, for respondents No.2 and 4. Mr.Raja Bahadur Singh Jain, Advocate, for respondents No.3. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 01.02.2005, passed by Motor Accident Claims Tribunal, Chandigarh, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.2,40,000/- alongwith interest @ 9% per annum in favour of the respondent-claimant (herein referred as 'the claimant') and against the respondents jointly and severally on account of the death of Arvind Kumar aged about 14 years in a motor vehicular accident. This appeal, being time barred is accompanied by an application for condonation of delay of 1157 days in its filing. Learned counsel for the appellant has urged that the award has been wrongly passed against him as Sadhu Singh was the actual owner of the offending vehicle i.e. the Tractor, at the time of accident. Since there is delay of 1157 days in filing the appeal and the same has not been properly explained and there are no sufficient grounds for condoning the same. As such, the application is dismissed. Resultantly, the appeal also fails. However, the appellants would be at liberty to file the suit against Sadhu Singh for contribution if the law so permits. (A.N.Jindal) Judge 15.10.2009 mamta-II