SANJEEV KUMAR BHARDWAJ Vs. SANJAY KUMAR

JUDGEMENT

(1.) The appellant has challenged the impugned award in DAR No. 14510/15 dated 13.04.2017 passed by the Additional District Judge (NE) Motor Accident Claims Tribunal (Pilot Court), Karkardooma Court, Delhi whereby the compensation of Rs.99,317/- alongwith interest at the rate of 9% p.a. on the total compensation amount from the date of filing of petition till realization has been awarded in favor of Respondent/Complainant.

(2.) The facts alleged are that on 10.03.2013 at about 12 PM injured Sanjay Kumar (Complainant/Respondent) was driving his motorcycle bearing no. DL-8SAM-9594 towards Shahdra reached near Petrol Pump, ISBT Road, Delhi. Sanjeev Kumar Bhardwaj (Appellant) was driving car bearing No. UP-16T-0847 (hereinafter called the offending vehicle) rashly and negligently and hit the motorcycle resulting in Respondent receiving injury on his person. Respondent fell down and sustained injuries. He was taken to Jag Parvesh Chandra Hospital, Shastri Park, New Delhi at 12:32 PM vide MLC No. 1021/13 and was attended by Dr. V.K. Gautam. On diagnosis his left leg was found swollen with abrasion on left ankle joint and was referred for X-Ray. Respondent got his X-Ray conducted from Sushruta Trauma Centre, New Delhi, report of the same was shown to Dr. V.K. Gautam on 10.05.2013 which was opined to be grievous in nature. On 19.03.2013 FIR No. 92/13 under Section 279, 337 IPC got registered at PS New Usman Pur, Delhi.

(3.) On the basis of pleadings and evidence led by the parties, impugned award dated 13.04.2017 was passed by Motor Accident Claims Tribunal (henceforth referred to as the Tribunal) of Rs. 99,317/- alongwith interest at the rate of 9% p.a. on the total compensation amount from the date of filing of petition till realization. The breakup of compensation awarded is as under:-