HEERA LAL Vs. BANWARI LAL AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimant before the Motor Accident Claims Tribunal, Narnaul, seeking enhancement of the compensation of Rs.87,300/- awarded to him by the Tribunal on account of the injuries suffered by him in a motor vehicle accident which is stated to have taken place on 14.02.2008.

(2.) As per the appellants' claim in his petition before the Tribunal, he was 28 years of age at the time of accident, earning Rs.39,000/- per annum as a labourer, with him having spent Rs.2,00,000/- on his treatment, which at the time of filing of the claim petition (23.04.2008), was still continuing. It was further stated that he was an able bodied person prior to the accident and that his family members were entirely dependent upon him for their livelihood, but with him having become permanently disabled from carrying out his daily work and pursuits, he was entitled to a compensation of Rs.10,00,000/-.

(3.) Notice having been issued in the claim petition by the Tribunal, the owner of the vehicle, i.e. respondent no.2 (Rajesh Kumar), as also the driver (respondent no. 1 herein), are shown to have been proceeded against ex parte, they not having put in an appearance. Thus, the present respondent no.3, i.e. the insurance company as had insured the vehicle in question, alone contested the petition, which was instituted under the provisions of Section 163-A of the Motor Vehicles Act, 1988 (hereinafter to be referred to as the Act).