BHAGWAT PRASAD Vs. LAXMAN

JUDGEMENT

(1.) The instant appeal is arising from the impugned award dated 07.11.2013 in MACT Case No. 235/10 passed by Sh. Dinesh Bhatt, Presiding Officer, MACT-2 (Central), Tis Hazari Courts, Delhi (henceforth referred to as the Tribunal) whereby the Petitioner (Appellant herein) was awarded Rs. 1,46,572/- (Rupees One Lakh Forty Six Thousand Five Hundred and Seventy Two Only) at 9% p.a. from the date of filing of DAR i.e. 13.05.2013 till the date of its realization.

(2.) The brief facts stated are that on 13.04.2013 Appellant Bhagwat Prasad was crossing the road towards Timarpur from Mal Road was hit by a motorcycle bearing Registration No. DL-6SAE-9502 (hereinafter called the offending vehicle) which was being driven by Respondent No.1 Laxman in rash and negligent manner. As a result of which he fell down on the road and sustained grievous injuries. He was taken to Sushruta Trauma Centre, 9, Metcalf Road, Delhi-110054 and was got admitted vide MLC No. 163171/13 from 13.04.2013 to 14.04.2013. Thereafter, he was taken to Indian Spinal Injuries Centre, Sector-C, Vasant Kunj, New Delhi- 110070, and remained there from 14.04.2013 to 19.04.2013. FIR No. 83/13 under Section 279 / 337 IPC was got registered at Police Station Timarpur, North Delhi.

(3.) Thereafter, DAR was filed on 13.05.2013 against the Respondent No.1, driver-cum-owner of the offending vehicle and Respondent No.2, Insurer of the offending vehicle.