SITARAM AKINCHAN Vs. RAJESH SHARMA

JUDGEMENT

(1.) The present appeal has been preferred by Sitaram Akinchan, O.P. No. 1 in Compensation Case No. 111 of 1990 against the order of Claims Tribunal, Ranchi dated 18.12.2002 by which he has been directed to pay Rs. 75,000 to the claimant Rajesh Sharma, respondent No. 1.

(2.) Brief facts necessitating the present appeal are that for an accident dated 5.6.90 the claimant, respondent No. 1, has claimed compensation, admittedly caused by rash and negligent driving of motor cycle bearing registration No. BR 14-S 5666 belonging to the appellant. The appellant has pleaded before the Claims Tribunal that his motor cycle was not being driven by him rather it was stolen and someone else was involved in the alleged accident. The appellant has further pleaded that the motor cycle was insured during the period of accident.

(3.) The respondent claimed compensation on the ground of having received the grievous injuries resulting in permanent disability and protracted treatments. The Claims Tribunal found and held that the motor cycle in question was not insured on the date of occurrence as the insurance certificate issued mentioned the date from which insurance commenced, i.e., from 11.6.1990 and the accident took place on 5.6.1990, The Claims Tribunal further held that respondent No. 1 has suffered permanent disability. However, keeping in view the delay and latches on part of claimant- respondent No. 1 interest was awarded only from 27.1.2000.