RAJASTHAN RAJYA PATH PARIVAHAN NIGAM Vs. BACHAN RAM

JUDGEMENT

(1.) For the reasons stated therein, the application is allowed. Delay of 66 days in refiling the appeal is condoned.

(2.) This appeal by the owner of the offending vehicle is directed against the award passed by the learned Motor Accident Claims Tribunal, Chandigarh.

(3.) Claimant-respondents filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short the ?Act?) seeking compensation for the injuries suffered by him in a motor vehicular accident. It was pleaded by the claimant-respondent that on 7.11.2006, he was going from Chandigarh to Village Hallo Majra on bicycle. At about 5.30 pm., when he reached near small chowk of village Hallo Majra and was on his correct left side, then a bus bearing registration No. RJ-14-IP/5143, which was being driven by respondent No. 2 herein at a high speed and in a rash and negligent manner, came and struck against the claimant and dragged him to some distance. As a result of this accident had, claimant suffered multiple injuries including head injury. The case set up by the claimant was that accident occurred due to rash and negligent driving of respondent No. 2. Claimant was 54 years of age at the time of accident and was employed as Foreman with India Auto, 136-140/91, Industrial Area, Phase-I, Chandigarh. The injured-claimant was getting a monthly salary of Rs. 5,000/- (Rupees five thousand only) from his employer at the time of accident. FIR No. 244 dated 8.11.2006 under Sections 279 and 337 IPC regarding this accident was registered with Police Station-Sector 31, Chandigarh. It was pleaded case that in spite of treatment, the injured-claimant did not recover fully and ultimately, suffered permanent disability to the extent of 35%. The claimant also claimed that a sum of Rs. 50,000/- (Rupees Fifty thousand only) was spent on his medical treatment and medicines.