Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1012 of 2013 Appellant :- State Of U.P. And Another Respondent :- Zunaid @ Zunaib And Another Counsel for Appellant :- S.C.
Hon'ble Sudhir Agarwal,J.
C.M. Delay Condonation Application No. 209758 of 2013:
1. This is an application seeking condonation of delay in filing appeal.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing appeal is hereby condoned.
5. This application, accordingly, stands allowed.
6. Let appeal be registered with regular number and old number shall also continue to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two number.
Order Date :- 27.9.2019 PS Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1012 of 2013 Appellant :- State Of U.P. And Another Respondent :- Zunaid @ Zunaib And Another Counsel for Appellant :- S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard learned Standing Counsel under Order 41 Rule 11 C.P.C.
2. This Appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as “Act, 1988”) has been filed by State challenging the judgment and award dated 24.12.2011 passed by Motor Accident Claims Tribunal/Additional District Judge, Special, Baghpat in Motor Accident Claim Petition No. 127 of 2009 whereby compensation of Rs. 3,60,000/- has been awarded to the claimants along with interest at the rate of 6 per cent per annum from the date of presentation of petition till final payment is made.
3. The only argument advanced is that disability has been taken as 30 per cent though there was no evidence. However, I find from the judgment of Tribunal that disability certificate dated 21.04.2010 was produced which showed 50 per cent permanent/partial disability, still Tribunal has accepted only 30 per cent disability, i.e., less than what was shown in the certificate. The argument advanced as above has no substance and in fact contrary to record.
4. No other point has been argued.
5. The appeal lacks merits. Dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 27.9.2019 PS