SANJAY SINGH Vs. RUBY GOYAL

JUDGEMENT

(1.) Heard Sri Arvind Kumar Singh IInd, learned counsel for the appellant and perused the record. This appeal is reported to be beyond time by 28 days. After hearing the submissions and going through the affidavit filed in support of delay condonation application, in our view, the cause shown is sufficient. Accordingly, the delay in filing the appeal is condoned and the delay condonation application is allowed.

(2.) The claimant appellant has challenged the award dated 20.11.2012 passed by Motor Accident Claims Tribunal/District Judge, Etah in M.A.C.P. No. 277 of 2008, whereby compensation of Rs. 1,80,000 together with simple interest @ 7% per annum with effect from 26.5.2008 till final payment, has been awarded on account of grave injuries sustained by the claimant in the instant motor accident.

(3.) It appears that in an accident dated 17.12.2007 the claimant appellant was knocked down from behind by driver of truck number HR 38G 0781 driving the vehicle rashly and negligently at about 11 a.m. while he was going on Agra Road for learning computer. The claimant suffered grave injuries. He was taken to District Hospital and thereafter admitted in Pushpanjali Hospital, Agra for treatment. Report of the accident was lodged by the father of the claimant on 19.2.2008. The claimant filed claim petition for an award of Rs. 9,25,000 against the owner and insurer of the aforesaid truck. The claim was contested by the opposite parties. The parties led evidence in support of their case and the Tribunal after hearing parties' counsel, has awarded compensation to the claimant as noted above. Aggrieved the claimant appellant has preferred the present appeal.