- (1.)THIS Appeal, under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the Claimant 1 Appellant for enhancement of amount of compensation against the judgment and award dated 24 -11 -2003 passed by MACT 1 Additional District Judge VII FTC, Dehradun in MACP No. 72 of 2002 whereby the claim petition was allowed against the respondent no. 4 i.e. National Insurance Company and claimant 1 appellant was awarded Rs. 1,75,000/ - as compensation, which was liable to be paid by the National Insurance Company 1 respondent no. 4 within a period of sixty days, failing which the Insurance Company shall also be liable to pay interest @ 8% per annum.
(2.)BRIEF facts, giving rise to this appeal, are that on 15 -10 -2001, at about 7 p.m. claimant / appellant along with his wife was coming from Bazar towards his home, 25/8, E.C. Road, Dehradun. When they reached at Rawal Nursing Home, E.C. Road, Dehradun, Maruti Car Number DL 4 CC 7136, which was being driven by respondent no. 2 rashly and negligently, came from Survey Chowk and dashed the Scooter on its wrong side. Claimant / appellant and his wife got serious injuries in the accident.
(3.)HIS son Sukhbir Singh, who was also coming behind them on motorcycle with his cousin - Joginder Pal Singh, saw this accident and got admitted his parents in CMI Hospital. He handed over the driver of the offending Maruti Car in Police custody and lodged FIR.
In the hospital, claimant / appellant was medically treated by Dr. Harsh Johri (Orthopaedic). The claimant / appellant took treatment in the CMI Hospital for 26 days and thereafter, he was shifted to Holy Family Hospital, Delhi for better treatment where he was admitted with effect from 14 -02 -2002 to 20 -02 -2002. Claimant appellant has spent Rs. 2,00,000/ - on medical treatment.

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