PRANAB GOBINDA BHAUMIK Vs. CHANDU YADAV AND ORS.

JUDGEMENT

(1.) CM No.18993/2014 (for condonation of delay of 11 days in filing the affifdavit and bills)

(2.) I may at the outset mention that on 26.11.2009 the appellant was permitted to lead additional evidence before this court. The appellant led his own evidence as AW-1 on 22.02.2010. Thereafter the matter was listed in court on 04.04.2011 when none appeared for the appellant and the matter was dismissed for non-prosecution. Pursuant to an application filed for restoration, the appeal was restored on 01.09.2014. On 09.10.2014, despite having led evidence the second time once again a request was made that the appellant seeks an adjournment for leading additional evidence to prove the functional disability suffered by the claimant and also additional expenditure incurred by the appellant after passing of the Award. This court on that date noted that the appeal is of 2004 and the accident took place on 20.04.2000. In the interest of justice, the appellant was permitted to place on record bills pertaining to medical expenditure incurred after passing of the Award supported by an affidavit of the claimant. The bills have now been filed.

(3.) The brief facts which led to filing of the present claim petition are that the appellant was going on his scooter from Gole Market. At Naraina Vihar, he was hit by a Maruti Zen at around 12 noon said to be driven by respondent No.1 at a high speed and in a rash and negligent manner. The appellant was taken to hospital and after giving first-aid, he was transferred to AIIMS. He lost sensation below his neck and was under severe pain and agony. He was operated upon on 21.04.2000 and remained admitted till 28.04.2000.