GULSHAN Vs. VISHNU BANSAL AND ANOTHER
LAWS(P&H)-2016-5-326
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 05,2016

GULSHAN Appellant
VERSUS
Vishnu Bansal And Another Respondents

JUDGEMENT

DARSHAN SINGH,J. - (1.) CM-22611-CII-2015 There is delay of 769 days in filing the present appeal. The appellants have filed an application under Section 5 of the Limitation Act for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay in filing the present appeal is hereby condoned. FAO No. 7156 of 2015 The present appeal has been preferred by the appellant-claimant against the award dated 02.05.2013, passed by the learned Motor Accidents Claims Tribunal, Hisar (hereinafter called the 'Tribunal') vide which the claim petition filed by the appellant-claimant under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called the 'Act') for grant of compensation on account of the injuries suffered by him in the motor vehicular accident, which took place on 14.05.2011 has been dismissed.
(2.) As per the case of the appellant-claimant on 14.05.2011 he was returning to his house on his motorcycle bearing registration No.HR- 16F-1895. When he reached near four-wheeler Chowk, Hisar, a car bearing registration No.HR-20Q-5631 came from the side of old bridge. The said car was being driven by respondent No.1 rashly and negligently and it struck the motorcycle of the claimant. Due to which, he suffered multiple injuries on his person. The appellant-claimant has sought the compensation to the tune of L 5,00,000/- for the injuries suffered by him in this accident. Hence, the petition.
(3.) The present petition has been contested by both the respondents by filing the written statement. Respondent No.1 has denied the allegations made by the petitioner. It was further pleaded that the present claim petition has only been filed to grab the amount of compensation. Respondent No.2 in addition to certain legal and preliminary objections, also repelled the averments raised in the petition. Both the respondents pleaded for the dismissal of the petition.;


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