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2. Summons of the petition were issued to the respondents. Vide order dated MACT Case No. 443/11 Kiran Bansal P.O. MACT (North­East), Delhi 20.04.2012 respondent no. 1 was proceeded ex-parte and vide order dated 03.11.2012 respondent no. 2 was proceeded ex-parte. Vide order dated 16.09.2013 respondent no. 2 filed WS alongwith application for setting aside the ex-parte order. As per WS, respondent no.2 stated that offending vehicle was insured with the ICICI Bank Lombard General Insurance Company Ltd. And driver was having the valid DL issued by Indian Driving License Office of the Asst. Regional Transport officer ,Fatehgarh, Farrukhabad, UP vide license on 2513 dated 18.04.2003 and license validity 05.12.2008 to 04.12.2011 to drive the offending vehicle bearing no. HR 74 4084. The petitioner was himself responsible for the accident as he was sleeping on cot which was lying in the open road.

2. Whether petitioner is entitled to compensation? If so, what amount and from whom?
3. Relief

6. As the vehicle number was wrongly mentioned in the petition as well as at the time of framing of issues,issue no. 1 was re-framed vide order dated 07.04.2016 as under:

MACT Case No. 443/11 Kiran Bansal P.O. MACT (North­East), Delhi Whether petitioner sustained injuries in motor accident caused by rash and negligent driving of vehicle no. HR 74 4084 by respondent no. 1 on 19.03.2011 at about 10:00 pm at B-135, Gali no. 2, Bhajan Pura,Delhi near Rohit Automobiles & Wazirabad Road on Kucha Road within jurisdiction of PS Bhajan Pura?OPP

8. I have heard the counsels for injured and insurance and gone MACT Case No. 443/11 Kiran Bansal P.O. MACT (North­East), Delhi through the entire evidence on record as well as the written arguments filed carefully.

9. My issuewise findings are as below :

ISSUE NO.1 Whether petitioner sustained injuries in motor accident caused by rash and negligent driving of vehicle no. HR 74 4084 by respondent no. 1 on 19.03.2011 at about 10:00 pm at B-135, Gali no. 2, Bhajan Pura,Delhi near Rohit Automobiles & Wazirabad Road on Kucha Road within jurisdiction of PS Bhajan Pura?OPP PW1 i.e. petitioner has filed his chief affidavit reiterating the facts mentioned in the petition. Police Station Bhajan Pura has registered the offence vide FIR No. 117/11 U/s 279/337 IPC against the respondent no.1.

Attested copies of the award be furnished to the concerned parties from court for compliance and be sent to the court of concerned Ld. MM & DLSA.

Put up for compliance on 24.11.2016. 

Pronounced in Open Court on                                  (KIRAN BANSAL)
24.10.2016                                               P.O. MACT(North-East)
                                                               KKD Delhi




MACT Case No. 443/11                                                                 Kiran Bansal
                                                                     P.O. MACT (North­East), Delhi