DARSHAN Vs. DEVINDER SINGH

JUDGEMENT

(1.) THE award dated 19.2.2005 is subject matter of challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988. The appeal is preferred by the owner-cum-driver of the offending vehicle. It has been found as a fact that the claimant- respondent has suffered injuries on account of rash and negligent driving of the appellant Darshan Singh. The scooter of the claimant respondent also suffered damage. A total amount of Rs. 30,000/- has been awarded alongwith interest @ 9 percent p.a. and costs of Rs. 500/-. However, contentious issue No. 3 concerning delay of 7 years has been decided in favour of the claimant respondent vide order dated 17.2.2004 and it has been categorically found that the appellant had promised to pay Rs. 50,000/- and the afore-mentioned assertion has not been controverted. The view of the Tribunal under issue No. 3 reads as under :

(2.) HAVING heard the learned counsel we are of the view that modest a sum of Rs. 30,000/- has been awarded towards medical expenses alongwith interest @ 9 percent p.a. which hardly calls for interference of this Court. The argument of the learned counsel that the accident had occurred on 25.10.1993 and the claim petition was filed on 8.9.2000, which is hopelessly time barred, has not impressed us. The Tribunal has found it as a fact that there was an acknowledgment to pay Rs. 50,000/- by the appellant and he did not keep the promise. The version of the claimant-respondent has been admitted by the appellant as is clear from the finding recorded under issue No. 3. On the same version the case has been found to be registered on 26.10.1993 which has concluded on 13.10.1998. In any case the claim petition was filed on 8.9.2000. Sub section 3 of Section 166 of the Act had already been amended on 14.11.1994 by deleting the period of limitation which was earlier provided to be 12 months.

(3.) AFTER referring to Section 158(6) of the Act and noticing the duties enjoined upon the officer incharge of the police station, their Lordships observed as under :