- (1.) CM-17911-CII-2014 Prayer in this application is for condonation of delay of 42 days in filing the appeal.
(2.) Heard.
(3.) In view of the grounds mentioned in the application, which is duly supported by an affidavit, the delay of 42 days in filing the appeal is condoned. CM disposed of. FAO-6618-2014 The present appeal has been preferred by Shri Ram General Insurance Company Ltd., challenging the Award, dated 28.03.2014, passed by the learned Motor Accident Claims Tribunal, Patiala, (for brevity the 'learned Tribunal'), whereby the injured-claimant, Kuldeep Kaur, was awarded Rs. 3,20,000/- along with interest @ 9% per annum from the date of filing of the petition till realization, and the appellant along with driver and owner of the offending vehicle, bearing registration No.HR-74- 5774, was jointly and severally held liable to satisfy the award. The only argument raised by the learned counsel for the appellant-Insurance Company is that during enquiry before the learned Tribunal, claimant Kuldeep Kaur had not examined doctor/chemist to prove the bills and other expenditure of her treatment and, as such, the learned Tribunal had no material before it to conclude that claimant Kuldeep Kaur had spent Rs. 2,70,000/- on her treatment. 3. Brief facts of the case are that on 09.06.2012, claimant Kuldeep Kaur along with her husband Bhagwan Singh was travelling from Ghaga to Patran on a motorcycle bearing registration No.PB-11-Y-4599. The motorcycle was being driven by Bhagwan Singh, who had good command to drive the same and the claimant Kuldeep Kaur was a pillion. Krishan Singh and Yadwinder Singh (PW2) were following them on their separate motorcycle. At about 3.45 p.m., when the said motorcycle had just crossed Nial Bye-pass, in the meantime, the offending vehicle bearing registration No.HR-74-5774 came from Ghaga side being driven at a fast speed and in a zig zag manner by Khalid (respondent No.2) and hit against the motorcycle being driven by Bhagwan Singh, the husband of claimant Kuldeep Kaur. Resultantly, Bhagwan Singh and Kuldeep Kaur fell down on the road. Bhagwan Singh died on the spot, while claimant Kuldeep Kaur suffered serious injuries on her person. Krishan Singh and Yadwinder Singh (PW2) shifted claimant Kuldeep Kaur to a hospital at Patran. As a result of injuries, the claimant Kuldeep Kaur remained in comma for about two months. Claimant Kuldeep Kaur in her claim petition alleged that she was 42 years old at the time of accident. She was very active in her life before sustaining injuries in the accident. In addition to domestic work, she was also stitching ladies suites and was earning a lot. She was treated by Dr.Bhandari at Kamal Laboratory, Patiala, for the injuries sustained by her on the spine. It was further alleged that she had spent '5.00 lacs on her treatment, special diet and attendant etc. During her admission in the hospital for about two months, it was averred that due to her inability to work after the accident, she suffered a loss of Rs. 5,000/- per month since she was not able to continue with the stitching job and even she was not able to perform domestic work. The injured-claimant claimed a sum of Rs. 10.00 lacs along with interest @ 18% per annum from the date of accident till realization. Respondent Nos.1 and 2, i.e. the driver and the owner, did not appear in spite of service and, as such, they were ordered to be proceeded against ex parte by the learned Tribunal.;