- (1.) CM No. 16715-CII of 2011 Despite sufficient opportunity, no reply to the application for condonation of delay has been filed. For the reasons mentioned therein, the CM application is allowed and the delay of 243 days in filing the appeal is condoned. Main case 1. The claimant-appellants have preferred this appeal seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, S.B.S. Nagar, (for short, 'the Tribunal') vide the impugned Award dated 30.7.2010. The brief facts of the case in hand are that on 8.4.2007 at about 3.30 pm, in the area of Village Malpur Arkan, the motorcycle bearing registration No. PB-07-M-5043 being driven by Naveen Kumar, since deceased, was hit by an Indica car bearing registration No. PB-10-BA-1108, being driven by the driver respondent No. 1, rashly and negligently. As a result of the accident, Naveen Kumar fell down and received multiple injuries and was removed to the Oxford Hospital where he succumbed to his injuries on 13.4.2007. In this background, the claimants-appellants preferred claim petition before the learned Tribunal seeking compensation.
(2.) From the pleadings of the parties, the following issues were framed:- 1. Whether on 8.4.2007, at about 3.30 PM, in the area of village Malpur Arkan, respondent No. 1, while driving the offending car No. PB-10-BA-1108, caused the accident resulting in injuries to claimant? OPA. 2. If issue no. 1 is proved, whether the claimants are entitled to compensation. If so, to what amount and from which of the respondents? OPA 3. Whether respondent No. 1 was not holding an effective and valid licence? OPR 4. Whether the petition is collusive between the claimants and respondent No. 1? OPR 5. Relief.
(3.) Upon appreciation of evidence on record and recording issue-wise findings, the learned Tribunal awarded compensation to the tune of Rs. 1,91,696/- to the claimants. Enhancement thereof has been sought by way of the present appeal.;