VIJAY KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) 24.12.1986, Vijay Kumar appellant was injured in accident, involving truck No. PER 1187, driven by respondent Teja Singh. He suffered serious injuries and was first removed to the B.B.M.B. Hospital, Nangal and remained admitted therein and was thereafter referred to the PGI, ChandigarrTon 22.4.1987. A claim petition was thereafter filed by Vijay Kumar along with an application for condonation of delay, pleading that he could not file the claim petition earlier on account of his physical incapacity.

(2.) On a reply filed by the respondents, the following issues were framed: 410

(3.) The Motor Accidents Claims Tribunal, Ropar in its award dated 23.5.1988 held that the accident had taken place on account of the rash and negligent driving of the truck by its driver Teja Singh. On issue No. 2, it was noted that the accident had taken place on 24.12.1986, but as the petition had been filed on 9.11.1987, the same was time-barred. The Tribunal (on the question of compensation), observed that the claimant would be entitled to a total sum of Rs. 47,700 which included Rs. 25,000 as general damages along with interest at the rate of 12 per cent per annum under various heads, but in view of the findings on issue No. 2, it was held that no amount was in fact payable.