RAKESH KUMAR Vs. SHAMBHU SINGH AND ORS.

JUDGEMENT

(1.) APPELLANT , the victim of the accident who sustained disability in accidentwhichtookplaceon21.2.1982 on account of rash and negligent driving of the truck by respondent No. 1, the driver of respondent No. 2 owner of the truck bearing No. MPO -2129, is hereby challenging the correctness, propriety and legality of the order passed by MACT Jaora dated 9.12.1994 by which the learned Member of the Tribunal dismissed the application of the appellant praying for condonation or delay in filing the claim petition.

(2.) THE record shown that on 21.2.1982 at about 12.30 p.m. the appellant was standing on Neemuch -Mhow road waiting for the bus holding a gunny bag containing ground -nuts. The respondent No. 1 arrived there driving the said truck and on account of acquaintance gave lift to the appellant in the said truck by accepting of Rs. 5/ -. After the appellant sat in the said truck, the said truck turtled on account of rash and negligent driving by respondent No. 1. The appellant sustained injuries more particularly on right hand, right leg, chest, waist, head, face and nose. He became unconscious on account of those injuries. Now the result of those injuries is disability to the appellant. The appellant after attaining majority filed the claim petition on 14.1.1992, which was objected to by the respondents contending that there has been abnormal delay in filing the claim petition.

(3.) LEARNED Counsel Mr. J.K. Joshi appearing for the appellant and Mr. R. Sugandhi for the respondents were heard.