BHIM SAIN CHAWLA Vs. LAKHVIR SINGH

JUDGEMENT

(1.) This is an application under Sec. 5 of Limitation Act for condonation of delay of 222 days in filing the appeal.

(2.) Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral and documentary evidence adduced by the parties, concluded that the appellant had suffered injuries in a motor vehicular accident that took place on 3/1/2017 at about 2:15 pm due to the rash and negligent driving of Swift VDI Car bearing registration No.DL-4C-AM-1107 (hereinafter "the offending vehicle") being driven by respondent No.1 and owned by respondent No.2. Particulars of the Insurance Company have not been disclosed by the appellant. The learned Tribunal further found that the accident in question had been caused due to the rash and negligent driving of the above offending Swift Car, as also of the car bearing registration No.HR-54-C-7200, which was being driven by respondent No.4, owned by respondent No.4A, and insured by respondent No.5. Accordingly, the learned Tribunal had assessed contributory negligence of both the vehicles in the ratio of 50:50. The said compensation has been awarded along with interest @ 7.5% per annum. Liability to pay the compensation was upon respondents No.1 and 2, and respondents No.4, 4A and 5.

(3.) Learned counsel for the appellant seeks enhancement of compensation by submitting that the appellant had presented medical bills for an amount of Rs.4,61,046.00. However, the learned Tribunal has reimbursed only an amount of Rs.3,21,866.00. It is submitted that the remaining amount also has to be reimbursed by the learned Tribunal.