RAJ KUMAR Vs. KARAM CHAND AND OTHERS

JUDGEMENT

(1.) I am proceeding to decide this appeal in the absence of learned counsel for the respondents for the reason that they had remained unrepresented on 18.08.2017, on which date the case was adjourned to today for final arguments. Even today, the respondents remain unrepresented. The appeal is of the year 2003 and the claimants are seeking enhancement. Therefore, I deem it appropriate not to grant any further adjournment.

(2.) The claimant is in appeal against the Award dated 24.12.2002 of the learned Motor Accidents Claims Tribunal, Kaithal (hereinafter as referred to the "Tribunal"), for enhancement of compensation awarded on account of injuries sustained in the accident, which took place on 13.05.2001.

(3.) The claimant-Raj Kumar was going on foot towards Pehowa Chowk, Kaithal on 13.05.2001 at about 5.30 p.m. He was hit by a truck bearing registration No.HR-45-1006, which was being driven on the wrong side of the road in a rash and negligent manner. After the accident, the driver of the offending vehicle ran away from the spot. The claimant was taken to Civil Hospital, Kaithal and FIR No.252 dated 15.05.2001, under Section 279, 337 and 338 IPC was registered at Police Station City, Kaithal. The claimant remained admitted in Civil Hospital, Kaithal for about one month. Thereafter, he was shifted to Anand Orthopedic Centre, Kurukshetra, where he remained admitted from 28.06.2001 to 03.08.2001. During his admission, he was operated upon and re-admitted from 10.09.2001 to 01.11.2001. He suffered fracture of right femur and as a result of the injuries sustained by him the flexion of his right knee was severely curtailed. The movement of right hip joint also became restricted. A medical board determined the physical disability of the claimant at 33% (permanent) as is evidenced by the disability certificate Ex.PF. The learned Tribunal granted compensation of Rs. 1,13,204/- and the same is assailed by the claimant as being inadequate.