LAWS(RAJ)-2019-7-4

DHANRAJ Vs. SURESH KUMAR KARDA

Decided On July 04, 2019
DHANRAJ Appellant
V/S
Suresh Kumar Karda Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties on application under Section 5 of the Limitation Act.

(2.) The appeal is reported to be barred by two days. Having regard to the facts and circumstances of the case, the application is allowed and delay in filing the appeal is condoned. With the consent of learned counsel for the parties, matter is heard finally at this stage.

(3.) For deciding the appeal, it is apposite to mention that Appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') with a prayer for enhancement of compensation quantified and awarded by Motor Accident Claims Tribunal, Udaipur, vide its judgment and award dated 14.12.2012. Learned Tribunal, while adjudicating the appellant's claim under Section 166 of the Act, has awarded compensation to the tune of Rs.1,20,000/- with interest for the injuries suffered by him in a road accident, which occurred on 19.12.2009. The accident was caused by motorcycle bearing Registration No.RJ-27-SD-8875, which was insured with second respondent-Insurer.