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2022 Supreme(Raj) 2061

ANOOP KUMAR DHAND
Iffco Tokio General – Appellant
Versus
Deepak Kumar – Respondent


Advocates appeared:
B.C. Rawat, Advocate, Dinesh Kumar Garg, Advocate

JUDGMENT

anoop Kumar Dhand, J. - The present appeal under Section 173 of the Motor Vehicles act, 1988 has been preferred against the judgment and award dated 01.06.2011, passed by the Motor accident Claims Tribunal and Special Judge (Dacoity Effected areas), Dholpur (for short 'learned Tribunal') in Motor accident Claim Case No. 262/2008, whereby, the learned Tribunal has awarded a sum of Rs. 3,05,400/- as compensation along with interest @ 7.5 percent in favour of the claimant-respondent.

2. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition in favour of the claimant-respondent.

3. Learned counsel for the appellant-Insurance Company raised objections on the findings recorded by the learned Tribunal on issue No.1, on the ground that there was a delay of 27 days in lodging of FIR. The accident occurred on 09.04.2008 and the FIR was lodged after a lapse of 27 days i.e. on 04.05.2008. So, delay in lodging the FIR creates doubt on the story of the accident.

4. Learned counsel further submitted that while determining the income of the claimant-respondent and while relying upon the permanent disability

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