ARUN KUMAR Vs. NAND KISHORE

JUDGEMENT

(1.) FOR the reasons as stated in the Application, the delay of 99 days in filing the Appeal is condoned.

(2.) THE Application is allowed.

(3.) ON 02.01.2007 at about 7:00 A.M., the Appellant was travelling on the pillion seat of a two wheeler No.DL-7S-AM-4190 which was being driven by his elder brother Amit Kumar and was returning home from the Railway Station. When they reached near 100 foota road, E-Block near Primary School, Nand Nagri, they were hit by a bus No.DL-1PB-4501, which was being driven by Respondent No.1 in a rash and negligent manner. The bus came on the wrong side and dashed against the two wheeler. The Appellant suffered crush injury on his left leg resulting into fracture of supracondylar and comminuted fracture of both bone left leg. The Appellant was removed to GTB hospital, Dilshad Garden where he remained admitted from 02.01.2007 to 15.01.2007. The Appellant underwent surgery during the period of hospitalization. He was discharged with advice to have daily dressing. The OPD slips Ex.PW-1/2 to PW-1/17 have been proved on record to show that the Appellant remained under treatment in GTB hospital as an outdoor patient at least till 27.11.2008. He (the Appellant) suffered 70% permanent locomotor impairment with respect of his left lower limb. The Claims Tribunal awarded a compensation of Rs. 2,91,095/- which is tabulated hereunder:- .