RAJASTHAN ROADWAYS GANGA NAGAR DEPOT Vs. DALIPA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and award dtd. 14/9/2018 passed in MACT Case No.16 of 2017 by Motor Accident Claims Tribunal, Jind (for short "the Tribunal"). The claimant is the injured person himself. Claimant has claimed compensation of Rs.50.00 lacs in the claim petition.

(2.) The claimant-injured has stated that he is aged to be 60 years on the day of the accident and claimed that he was working as watchman-cum-labourer and was earning Rs.9,000.00 per month and has further claimed that he had spent more than Rs.5.00 lacs on treatment and expenses and further that he has lost his working and earning capacity permanently as consequence of injuries suffered in motor vehicular accident. He has become permanent patient and disabled person and has also undergone painful agony due to amputation of his left leg.

(3.) Respondents no. 2 and 3 filed separate written statement taking the preliminary objections, as has been stated above. A ground was also taken that since the claimant has earlier filed a claim petition, his second claim petition would not be maintainable by mentioning the time of accident about 10.00 a.m. The Tribunal after considering the rival pleadings framed following issues:-