Baljinder Singh vs Rakesh Gupta - 2023 Supreme(P&H) 3137

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3137

NIDHI GUPTA
Baljinder Singh – Appellant
Versus
Rakesh Gupta – Respondent

Advocates Appeared:
Mr. Brijesh, Advocate for Mr. Rajesh Gaur, Advocate; For the Appellant
Mr. Suvir Dewan, Advocate for Respondent no.3-Insurance Company.

JUDGMENT

Nidhi Gupta, J.

CM 16993-CII/2014

Since there is delay of 896 days in refiling the appeal, aforesaid application has been filed seeking condonation of said delay.

2. The reasons stated in the application, do not make sufficient ground to condone the said delay of more than two years in refiling the appeal. Hence the application is dismissed.

CM 16995-CII/2014

3. Application allowed. Annexures A-1 to A-7 are taken on record.

Main Appeal.

4. Present appeal has been filed by the injured-claimant seeking enhancement of compensation of Rs. 47,000/- granted by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as 'the Tribunal') vide Award dated 13.6.2011 passed in MACT Case No. 26/MACT of 2010 filed under Section 166 of the MOTOR VEHICLES ACT ,1988 (hereinafter referred to as 'the Act').

5. Ld. Tribunal on the appraisal of facts, pleadings and evidence on record held that claimant had been injured in a motor vehicular accident that took place on 19.2.2009 due to rash and negligent driving of Wagon R Car bearing registration No. HR-02-Q-5014 (hereinafter referred to as 'the offending vehicle') being driven by respondent no.1, owned by respondent no.2 and insured b

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