MAHESH KAUL Vs. MUNSHI RAMSON

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred for enhancement of the compensation granted by the judgment/award dated 10. 9. 2004 by the Motor Accidents claims Tribunal, New Delhi. A sum of Rs. 1,73,700 has been awarded with interest at the rate of 9 per cent per annum from the date of filing of the claim (minus interest for 2 years and 2 months ).

(2.) I have heard Mr. A. K. Mishra, learned counsel for the appellant (hereinafter referred to as 'the petitioner') and Mr. S. L. Gupta, learned counsel for respondent No. 3, and have gone through the impugned judgment/award and the record.

(3.) BRIEFLY the facts are that the appellant was going on his motor cycle on 29. 3. 1993 at about 3. 30 p. m. , when a truck came from behind and tried to overtake him from the left side. The motor cycle got 'entangled' between the front and rear wheel of the truck causing injuries to the appellant resulting in 40 per cent permanent disability. The owner and driver were proceeded ex parte but the matter was contested by the insurance company. The following issues were framed: