1. This Civil first miscellaneous Appeal is directed against the judgment/award dated 23rd September, 2002, passed by Presiding Officer, Motor Accident Claims Tribunal, Jammu in claim petition 569/Claim titled Janak Raj v. Ministry of Defence and anr. whereby an amount of Rs.4,10,000/- with 9% came to be granted in favour of claimant-respondent, hereinafter for short impugned award.

2. In brief the facts are that Claimant-respondent namely Janak Raj, the victim of vehicular accident, filed a claim petition before the Motor Accidents Claim Tribunal, Jammu on 6th March, 1998 for grant of compensation on the grounds that he was hit by an Army vehicle on 7.03.1973 at Nagbani ( Domana), which was being driven by its driver rashly and negligently and sustained grievous injuries, which resulted into amputation of his right leg above knee. He has claimed compensation of Rs. 5,00,000/- as per the break-up given in the claim petition.

3. During the pendency of the claim petition, claimant-respondent filed an application seeking condonation of delay, which had crept in filing the claim petition, came to be allowed by the Tribunal vide order dated 7.3.2000. Appellants have not questioned the sai

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