SACHIN Vs. ROHIT MILK ENTERPRISES

JUDGEMENT

(1.) The appeal is reported to be beyond time by 17 days. We have perused the affidavit filed in support of the delay condonation application in filing the F.A.F.O. The grounds are sufficient. The delay condonation application is allowed and the delay in filing the F.A.F.O. is condoned. Challenge in this appeal is to the award dated 4.4.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Ghaziabad in M.A.C.P. No. 94 of 2010, Sachin v. Rohit Milk Enterprises and another, whereby compensation of Rs. 78,824 has been awarded to the claimant-appellant on account of injuries sustained by him in the motor accident.

(2.) The grievance of the appellant is that the learned Tribunal has awarded very meagre amount of compensation ; that his permanent and partial disability to the extent of 20% was not considered by the learned Tribunal ; and in any event the appellant is liable to get compensation of Rs. 7,35,000 together with interest at the rate of 18% per annum.

(3.) It appears that in an accident dated 20.9.2009 the appellant sustained injuries when he was going alongwith deceased Satvir on motorcycle No. U. P. 12-E 188 as pillion rider, the driver of Tata 709 registration No. DL-I-LK-1678 hit the motor-cycle from behind. It was alleged that the appellant sustained injuries on his shoulder, mandible and other parts of the body. Satvir died on account of injuries sustained by him in the accident. The claimant in an injured condition was hospitalized in Jeevan Hospital, Modinagar and thereafter he was medically treated in Anand Hospital, Meerut from 21.9.2009 to 25.9.2009 and in the medical treatment Rs. 60,000 were spent. He claims that in the accident his mandible was fractured and he also sustained injuries on his head. The report of the accident was lodged on 22.9.2009 in police station Hafizpur, District Ghaziabad.