LAWS(P&H)-2014-3-189

TARANJIT KAUR Vs. SUBHASH CHAND

Decided On March 24, 2014
TARANJIT KAUR Appellant
V/S
SUBHASH CHAND Respondents

JUDGEMENT

(1.) The present appeal has been filed by injured-claimant, seeking enhancement of the amount of compensation awarded by learned Motor Accidents Claims Tribunal, Ambala ('the Tribunal', for brevity) vide award dated 30.11.2011.

(2.) The learned counsel for the appellant contends that the respondent insurance company has been exonerated only on the ground that the offending vehicle was carrying temporary registration number beyond the expiry of one month from its purchase. It is submitted that the insurance policy, Exh. R6, was valid from 1.8.2006 to 31.7.2007, whereas the accident took place on 10.11.2006. The registration certificate was issued on 4.5.2007. Therefore, the insurance company was liable to satisfy the award, at least in the first instance. He cites New India Assurance Co. Ltd. v. Tek Chand Gupta, 2011 ACJ 2468(P&H).

(3.) The learned counsel further contends that appellant suffered compound fracture dislocation of right ankle bone. She was operated upon on 10.11.2006 and discharged on 25.11.2006. She suffered permanent disability to the extent of 5 per cent qua the limb. The compensation awarded by the learned Tribunal is on the lower side.