SHRIRAM GENERAL INSURANCE CO LTD Vs. KAMLESH JHA

JUDGEMENT

(1.) The present appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 against the orders dtd. 17/9/2015 and 25/11/2016 passed by Ms. Madhu Jain, Presiding Officer, MACT, Saket Courts, New Delhi in Suit No. 219/13 with the following prayers:-

(2.) In brief, the facts of the case are that on 19/12/2012 at about 08.15 am, Kamlesh (Injured) was going for his duty to Mahagun Modern Real Estate Pvt Ltd at Sector- 78, Noida, Uttar Pradesh on his bicycle and when he reached near OBC bank, Baraula, offending vehicle i.e., bus bearing number UP-86-T-0749 driven by respondent no. 2, in a rash and negligent manner, hit the bicycle of injured from back side in a forceful manner, due to which injured Kamlesh fell down on the road and both legs of the injured were crushed by the said offending bus. The injured was immediately removed to Prayag hospital by the PCR Van. As a result of the accident, the injured Kamlesh (respondent No. 1) suffered 80 % permanent disability in relation to his left lower limb. A case FIR No. 386/2012 under Sec. 279/338/427 IPC was registered at Police Station Sector 49, Noida.

(3.) I have heard the learned counsel appearing on behalf of the Appellant as well as Respondent no. 1 and have perused the records of this case.