RAJINDER SINGH Vs. JASPAL CHHABRA AND OTHERS

JUDGEMENT

(1.) This is an application for condoning the delay of 78 days in filing the appeal.

(2.) The claimant had filed a claim petition stating that on 27.01.2011, the petitioner was going on scooter No. HR01 X -1012; make Bajaj Chetak; towards Military Dairy Farm, Ambala Cantt. from Ambala City. At about 3.30 PM, he reached in front of Royal Hotel, GT Road near Kalka Chowk, Ambala City. All of sudden, the vehicle Tata Ace came from the opposite side. It struck against the scooter of the claimant. As a result of it, the claimant fell on the road and suffered injuries on his left leg and shoulder. He was shifted to Hospital where he remained admitted for two days. His left leg was found to be fractured. It was claimed that he had already spent Rs. 50,000/- on his treatment. It was further claimed by him that due to this accident his transport business was badly effected and suffered huge loss and he also suffered pain and sufferings. It was further claimed that the age of the injured was 60 years and he was doing the business of transport and was earning Rs. 25,000/- per month. With regard to this accident, an FIR was also registered with the police.

(3.) Upon notice, respondents No. 1 and 2 in the claim petition filed their written statements. They denied the accident having taken place with their Tata Ace vehicle driven by respondent No. 1. The petitioner had reported a false case just to take compensation. However, it was also pleaded that offending vehicle was duly insured with the Insurance Company, respondent No. 3 in the claim petition.