BRIJESH KUMAR Vs. JAGBIR @ KALA AND OTHERS

JUDGEMENT

(1.) Vide this common order, FAO No.2952 of 2005 titled Brijesh Kumar Vs. Jagbir @ Kala and Others and FAO No.2984 of 2005 titled National Insurance Co. Ltd. Chd. Vs. Brijesh Kumar and Others are being decided. Both the appeals have arisen from one accident, therefore, common facts are being noticed.

(2.) Fao No.2952 of 2005 has been preferred by claimantBrijesh Kumar for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jind (for short 'the Tribunal') vide judgment dated 01.03.2005, whereas FAO No.2984 of 2005 has been preferred by the Insurance Company seeking exoneration from the liability to pay compensation on the ground of nonproduction of driving licence of respondent No.1/driver, despite specific application moved by Insurance Company before the Tribunal.

(3.) The accident in question took place on 25.02.2001, when claimant along with his brother Balraj had gone to Safidon Mandi to attend marriage of one Mukesh, who is brother of his sister's husband. At about 2:30 PM, he along with Balraj was going on a motorcycle to the house of Mukesh from Jain Sanathak. When they reached near the crossing of Anaj Mandi, a Tata four wheeler (hereinafter known as offending vehicle) came from opposite direction in a rash and negligent manner and hit the motorcycle of the claimant. Claimant/appellant was driving the motorcycle, whereas Balraj was a pillion rider. As a result of accident, the claimant/appellant suffered serious injuries, whereas Balraj fell at some distance. Respondent No.1 driver of the offending vehicle fled away from the spot. The injured claimant was taken to CHC Safidon and thereafter, he was referred to PGIMS, Rohtak. Subsequently, he was also treated at Sonepat. Claimant stated that he became permanently disabled and had incurred more than Rs. 1,50,000/- towards treatment. The vehicle was insured with respondent No.3/Insurance Company.