JUDGEMENT
-
(1.) Cm-145-Cii-2014
There is delay of 98 days in re-filing the present appeal. The appellant has filed an application under Section 151 of the Code of Civil Procedure for condonation of delay. Heard on the application.
In view of the reasons mentioned in the application, same is allowed and the delay in re-filing the appeal is hereby condoned. appellant has filed an application under Section 5 of the Limitation Act for condonation of delay.
Learned counsel for the applicant-appellant submitted that he do not claim the interest on the enhanced amount of compensation, if any, for the period of delay caused in filing the present appeal. Heard on the application.
In view of the reasons mentioned in the application, same is allowed and the delay of 347 days in filing the present appeal is hereby condoned.
Main Appeal
The present appeal has been preferred by the appellantclaimant against the award dated 19.04.2012, passed by the learned Motor Accidents Claims Tribunal, Kaithal (hereinafter called the 'Tribunal') vide which the appellant-claimant has been awarded compensation to the tune of Rs.1,74,000/- on account of the injuries suffered by him in the motor vehicular accident which took place on 21.06.2009.
(2.) The present appeal has been preferred by the appellantclaimant for enhancement of the amount of compensation.
(3.) Learned counsel for the appellant-claimant contended that the claimants has suffered 15% disability as a result of head injury suffered in the present accident, but the learned Tribunal has awarded only Rs.30,000/- in lump sum as compensation on account of the permanent disability. He further contended that no compensation towards loss of income during the treatment period and attendant charges has been awarded. Thus, he contended that learned Tribunal has not awarded the just compensation.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.