Vinod K.Sharma, J.

1. CM No. 12185-CII of 2010

For the reasons stated in the application, CM is allowed, delay of 43 days in filing the appeal, is condoned.

FAO No. 2447 of 2010

This appeal, by the owner of the offending vehicle, is directed against the award dated 2.12.2009, passed by the learned Motor Accident Claims Tribunal, Gurdaspur, vide which the claim petition, filed by the claimant, under Section 166 of the Motor Vehicles Act, for compensation for the injuries suffered, has been allowed.

2. The claimant/respondent No. 1, filed a claim petition under Section 166 of the Motor Vehicles Act, on the pleadings that he was aged 35 years, and was doing agricultural work. In addition, he was also running poultry farm. He claimed his income to be Rs. 5,000/- (Rupees five thousand only) per month.

3. The case set up by the claimant was, that on 17.10.2005, the claimant along with Gian Singh son of Bhako Ram was going from Pathankot to village Bhoon on scooter bearing registration No. JK-02B-5912. When they reached near village Dhangu Sarana, bus bearing registration No. HP-48-4514 came from Dunera side. The vehicle was driven by Jai Kumar, respondent No. 2, in a rash and neg