UNITED INDIA INSURANCE COMPANY Vs. RAJESH

JUDGEMENT

(1.) THERE is delay of 32 days in filing the present appeal. In this regard, the appellant has moved an application under Section 5, Limitation Act. This matter arising out of Motor Accident Claims Tribunal, Barwani in Claim Case No. 247/2005, in which the Claims Tribunal has awarded Rs. 3,43,000 along with interest to the claimant. From the award of Claims Tribunal it appears that the appellant has suffered grievous injury resulting amputation of left hand apart from other grievous injuries. Claims Tribunal after considering entire evidence has awarded Rs. 3,43,000 to the claimant.

(2.) THIS appeal has been filed only on the ground that Rajesh was travelling in a loading tempo and he was gratuitous passenger, but the Claims Tribunal has found that he was cleaner of the tempo and was travelling in the same capacity in the tempo. The aforesaid finding has been assailed by the appellant, but there is no material infirmity in the impugned order to reverse the aforesaid finding.