- (1.) The appellant-Insurance Company has preferred this appeal against the award dated 20.11.2008, passed by the learned Motor Accident Claims Tribunal, Panchkula, (for short, 'the Tribunal'). The brief facts of the case in hand are that on 20.4.2000, the claimant-appellant, Gurdev Singh, was travelling on a scooter bearing registration No. HR-01-E0084, being driven by the driver-respondent No. 1. When they reached at a distance of about 1 k.m. from Saket Hospital, Chandimandir, a truck came from the opposite direction, hit the scooter and fled away from the spot. As a result of the accident, the claimant suffered simple and grievous injuries on his body. He was removed to the Government Medical College & Hospital, Sector 32, Chandigarh. FIR No. 59 dated 24.4.2000 was registered at Police Station, Chandimandir.
(2.) In this background, the injured-claimant preferred claim petition before the learned Tribunal seeking compensation. From the pleadings of the parties, the following issues were framed:- 1. Whether the accident in question had taken place on account of rash and negligent driving of Scooter bearing registration No. HR-01-E-0084 by respondent No. 1? OPP 2. If issue no. 1 is proved, whether the claimant received injuries in the said accident, if so, to what amount of compensation he is entitled to an from whom? OPP 3. Whether the vehicle in question was being driven by respondent no. 1 without a valid and effective driving licence in violation of the terms and conditions of insurance policy? OPR-3 4. Relief.
(3.) After appreciating the evidence led by the parties, the learned Tribunal recorded issue-wise findings and allowed the claim petition by awarding compensation of Rs. 4,63,400/- to the claimant. Hence, the present appeal by the Insurance Company for reduction of amount of compensation.;