- (1.) Leave granted.
(2.) The appellant who was working as a driver in a truck owned by the second respondent met with an accident on 15th September, 1982 at 11.30 a.m. on the Jaipur highway. While he was alighting from the truck which was being driven by him, he was hit by another truck which was coming from behind, which resulted in his suffering multiple fractures. It was submitted by the learned counsel for the appellant that he suffered 95% disability which resulted in the amputation of right leg.
(3.) The second respondent informed the first respondent-Insurance Company about the accident as the claim of the appellant had to be settled by the first respondent. The appellant was completely bed ridden for a long time and, so, there was delay in approaching the State Consumer Disputes Redressal Commission, Delhi complaining about the inaction of the first respondent in settling his claim and also claiming compensation for the injuries suffered by him in the accident. The State Commission dismissed the claim petition filed by the appellant on the ground of delay. The order passed by the State Commission was affirmed by the National Commission by an Order dated 22nd May, 2002. Thereafter, the appellant approached the Motor Accidents Claims Tribunal on 27th May, 2003 seeking compensation for the injuries suffered by him, but the same was withdrawn by him on 16th December,2004.;