SUNIL KUMAR Vs. KRISHAN KUMAR

JUDGEMENT

(1.) Sunil Kumar, the injured-victim is in appeal seeking enhancement of compensation in respect of injuries suffered by him in a motor vehicle accident dtd. 30/11/2011 due to the rash and negligent driving of Tempo bearing Registration No.HR-54J-1374.

(2.) The Motor Accident Claims Tribunal, Hissar vide award dtd. 11/11/2013 has held the claimant-appellant entitled to a compensation amount of Rs.3,73,200.00. Learned counsel for the appellant has contended that the compensation amount awarded by the Tribunal is grossly inadequate against the backdrop of injuries suffered as also the disability element which had been proved on record. It is urged that the compensation awarded under the different heads would need to be substantially enhanced besides the appellant being entitled to be awarded compensation under additional heads. Learned counsel for the contesting insurance company has to the contrary supported the award passed by the Tribunal.

(3.) It may be noticed at the outset that the Tribunal has recorded a specific finding that the accident had taken place due to rash and negligent driving of the offending/insured vehicle and which had hit the motorcycle being driven by the claimant/appellant and on account of which injuries had been sustained. Insurance company has not challenged such findings of the Tribunal and as such, this aspect has attained finality. Furthermore, the liability to pay the compensation amount was fastened upon the insurance company and as such it is the respondent- insurance company which would be the contesting party herein.