Sunil Gaur, J. - (1.) Impugned Award grants compensation of Rs. 2,27,772/- with interest @ 9% to respondent-injured on account of grievous injuries sustained by him in a vehicular accident on 29th December, 2011. The factual background noticed in the impugned Award of 6 th December, 2012 by Motor Accident Claims Tribunal (hereinafter referred to as "the Tribunal") is as under:- "Petitioner's case is that on 29/12/2011 at about 01:50 a.m. (midnight) was travelling in the TSR no.1RE 5417 (offending vehicle) but on the Main Road, Burari near Bengali Colony Pulia, Delhi was overturned due to rash and negligent driving of respondent no.1 causing grievous injuries. Petitioner was taken to hospital where FIR was lodged and MLC was prepared."
(2.) Pertinently, appellant-Insurer had led evidence but had not examined its Agent Chetan Mehta, who had issued the Insurance Cover Note in respect of insured vehicle in question. The Tribunal has relied upon evidence of injured and other documentary evidence to grant compensation under various heads, which is as under:- JUDGEMENT_37_LAWS(DLH)7_2018_1.html JUDGEMENT_37_LAWS(DLH)7_2018_1.html
(3.) The challenge to impugned Award by learned counsel for appellant is on the ground that Insurance Cover Note in respect of vehicle in question was not issued by appellant-Insurance Company. To submit so, attention of this Court is drawn to evidence of R3W1-Vikram Singh, Branch Manager of appellant-Insurance Company, who has deposed that the insurance policy in question in respect of vehicle in question, has not been issued by the office of appellant. It is pointed out by appellant's counsel that the Tribunal has erred in putting the liability of paying compensation on appellant on the premise that no police report was lodged by appellant in respect of forged Insurance Cover Note. It is also urged by appellant's counsel that compensation granted under the head "Pain and Suffering" is on the higher side, as the injured had suffered multiple facial abrasions, fracture of patella bone, fracture of right temporal bone and lost six teeth and treatment continued for about eight months only. Thus, it is submitted that the compensation awarded deserves to be suitably reduced.;