LAKSHA RAMSWAROOP Vs. ROMEEL ALIAS SEMEEL BHAIYALAL AKKAL

JUDGEMENT

(1.) THIS is an appeal filed by the appellant/claimant under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred as "the Act") against the award dated 20.12.2010 passed in Claim Case No.16/2009 by the Third Member, Motor Accident Claims Tribunal, Ratlam by which the claim of the appellant has been rejected.

(2.) THE appeal is barred by 09 days. I.A. No.3598/2010 pertains to condonation of delay of 9 days has occasioned in filing the appeal. The father of the claimant Laksha did not approach the Counsel in time and therefore, the delay has occasioned. The short delay is, therefore, condoned. The appeal is taken up for hearing.

(3.) BRIEF facts of the case are that the claimant had filed a claim case regarding the motor vehicle accident that had occurred on 4/3/2008. Respondent No.1 Romeel was driving the vehicle No.MP 43A6295 rashly and negligently and dashed against the appellant, who was only 5 years of age and thereby caused injuries on his eyes, neck, knee and head. As a result of which he received fracture and during the winter season his abilities are affected and he become irritated on hearing the horn of vehicle he gets scared. And hence through his guardian, a claim case has been filed for compensation of Rs.4,00,000/ before the Claims Tribunal. The respondent. The respondents have denied the allegations and also denied the liability to pay the compensation.