JAI PRAKASH Vs. MOHD MUNAWAR

JUDGEMENT

(1.) THE Appellant Jai Prakash impugns a judgment dated 19.09.2009 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of Rs.57,660/- in his favour, it was held that he had contributed to the accident and the Respondents No.1 and 2 were made liable to pay only 50% of the compensation.

(2.) IN the impugned judgment, the Claims Tribunal referred to the Appellant's MLC at the time of his admission. It was stated that the Appellant was conscious but was drowsy and there was smell of alcohol. Admittedly, the Appellant suffered fracture in his right leg. He did not produce any evidence with regard to his income at the time of the accident. He produced an Income Tax Return for the A.Y. 2007-08 that too at the time of his arguments, although the accident took place in the year 1999. There was no evidence of Appellant's educational qualification or his income. The Claims Tribunal awarded him compensation for loss of income for six months on the basis of Minimum Wages of an unskilled worker; apart from expenditure on medicine as per actual bills, a compensation of Rs.30,000/- was awarded towards pain and suffering. The compensation awarded is tabulated hereunder:

(3.) ALONG with the Appeal, an Application for condonation of delay of 935 days has been filed. The award was passed on 19.09.2009. The Appellant merrily stated in the Application that he could not know of the order passed by the Claims Tribunal as he was pre-occupied in his business. He came to know of the order only in February, 2011. The Appeal was filed only in May, 2012. The other explanation given is that the clerk of the Appellant's counsel met with an accident and the file of the case was in his custody. Even if the explanation for the delay after February, 2011 is accepted, there is no satisfactory explanation for the delay from September, 2009 to February, 2011.