STATE OF U.P. Vs. RAM BABU YADAV

JUDGEMENT

(1.) Heard learned counsel for the appellants on delay condonation application and on merit. Perused the impugned award. The appeal is reported to be beyond time by 53 days. Having gone through the affidavit filed in support of the delay condonation application we find that the cause shown for delay in filing the appeal is sufficient. Delay is condoned. The application for condonation of delay is allowed.

(2.) By means of this first appeal from order the appellant challenges the validity and correctness of the judgment and award dated 22.12.2012, passed by the Motor Accident Claims Tribunal/Addl. District Judge, Court No. 5, Rama Bai Nagar, in M.A.C.P. No. 626 of 2010, Ram Babu Yadav v. State of U.P. Police through Superintendent of Police, Rama Bai Nagar, whereby a sum of Rs. 5,04,995 as compensation together simple interest @ 6% per annum from the date of filing of the claim petition till final payment of the awarded amount is made to the claimant-respondent.

(3.) The claimant-respondent preferred M.A.C.P. No. 626 of 2010 aforesaid before the Motor Accident Claims Tribunal claiming Rs. 31,00,000 towards compensation on account of the injuries said to have been sustained by him in the accident in question. It was claimed that the accident causing injuries to him occurred when the motor cycle on which he was riding as pillion rider, was hit by police jeep No. U.P.-77, G.-0046. The claim was contested by the appellant by filing written statement denying the averments of the claim petition and stating that the alleged accident had not occurred with the said police jeep and that a false case has been registered by the claimant implicating it.