HDFC ERGO GENERAL INSURANCE COMPANY LIMITED Vs. NEMICHAND

JUDGEMENT

(1.) The appellant/non-claimant No.2, has preferred two misc. appeals being CMA No.3245/2017 and 3240/2017, assailing the validity of judgment and award dtd. 4/9/2017 passed by learned Judge, Motor Accident Claims Tribunal, Bhilwara ('Tribunal') in MAC Case Nos.1291/2013 and 1289/2013 respectively. The learned Tribunal while passing the impugned judgment and award has awarded compensation of Rs.87,800.00 in MAC Case No.1291/2013 and Rs.2,89,257.00 in MAC Case No.1289/2013 along with interest @ 6% per annum. The learned Tribunal held both the non-claimants i.e. appellant and owner of the offending vehicle liable to pay the compensation.

(2.) Claimant Nemichand, after being served with the notices of the instant appeal filed cross objection on 24/9/2018 with a delay of 128 days with the prayer to dismiss the appeal filed by the appellant and to enhance the compensation. Along with the cross-objection, an application under Sec. 5 of the Limitation Act for condoning the delay has also been filed.

(3.) Briefly stated, the facts of the case are that claimants, namely, Nemichand and Devraj filed claim petitions, claiming compensation against the non-claimants for the injuries suffered by them in the accident. It was inter-alia alleged in the claim petitions that on 16/5/2013 the claimants were going by motorcycle, they were hit by a jeep (RJE-5784), which was being plied by its driver rashly and negligently. The claimants sustained grievous injuries and remained hospitalized. The incident was report to the police, upon which FIR was registered, wherein after conducting investigation, charge sheet was filed against non-claimant No.1. Claimant- Nemichand claimed compensation of Rs.14,76,000.00, whereas claimant Devraj claimed compensation of Rs.20,68,000.00.