ROOP CHAND Vs. BALJIT SINGH AND OTHERS

JUDGEMENT

(1.) This is an appeal filed for enhancement of compensation by the injured claimant; challenging the award passed by the Motor Accidents Claims Tribunal, SAS Nagar, Mohali (for short, 'the Tribunal') whereby an amount of Rs. 53,123/- was awarded as compensation to the appellant/claimant.

(2.) The brief facts as mentioned in the case are that on 4.10.2010 at about 8:30 pm, the appellant alongwith Harbhajan Singh was going from Zirakpur to Dayalpura. The claimant was a pillion rider whereas Harbhajan Singh was driving the motor cycle; at a slow speed and on the left sife of the road. When they reached on the chowk of Lohgarh-Zirakpur, a car bearing Registration No. PB-03-G-2402 (hereinafter referred to as the offending vehicle) came from the opposite direction. This was being driven by respondent No. 1 at a fast speed and in a negligent manner. The offending car struck against a motor cycle. As a result, both of them fell on the road and received injuries. The appellant herein was taken to the Govt. Medical College and Hospital, Sector 32, Chandigarh. The appellant suffered fracture on his right leg. Because of the fracture, the claimant had to spend Rs. 1 lakh on the treatment. FIR No. 294 dated 8.10.2010 was also recorded regarding the present accident.

(3.) The respondents filed a written statement and denied the accident in the manner as claimed in the claim petition. The Insurance Company had also taken a plea that the driver of the offending vehicle was not having a valid driving license at the relevant time. The Insurance Company also took another plea available to it under the provisions of the Motor Vehicles Act.