- (1.) Out of the above mentioned four appeals, two bearing FAOs No. 2324 and 2325 of 2011 have been brought by Shyam Sunder, the owner of the offending truck No. HR-31-3781 challenging the award dated 09.12.2010 passed by learned Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri (for short 'the Tribunal') on the points of negligence and grant of recovery rights to the insurance company against him and the driver. The other two appeals bearing FAOs No.3256 and 4376 of 2011 have been brought by the claimants seeking enhancement of compensation. Narinder Kumar, the injured-claimant and Desh Raj and Sunderwati, the parents of deceased Vinod Kumar had brought the two claim petitions seeking compensation. Learned Tribunal vide the impugned award has allowed their claim petitions. Narinder Kumar was awarded compensation in a sum of Rs. 1,88,000/- while Desh Raj and his wife Sunderwati have been awarded in a sum of Rs. 2,48,000/-.
(2.) On 27.10.2009 Narinder Kumar injured and Vinod Kumar, the deceased were going on a motorcycle from Jagadhri to village Balachaur. The motorcycle was being driven by Vinod Kumar. At about 7.15 PM, their motorcycle reached near Chhabra Hospital, Bilaspur road. In the meanwhile, a truck bearing registration No. HR-31-3781 driven by respondent No.1 Chaman Lal in a rash and negligent manner came from the side of Bilaspur and struck against the motorcycle at its front side, on account of which, the two fell down and suffered injuries. Vinod Kumar died due to the injuries at the spot itself. Narinder Kumar suffered crush injuries on his left leg as well as on his ear. He was rushed to Civil Hospital, Jagadhri from where he was referred to PGI, Chandigarh. His left leg was amputated below the knee joint. He was discharged from PGI, Chandigarh on 30.10.2009.
(3.) Narinder Kumar, the claimant had alleged that a sum of Rs. 3,00,000/- was spent on his treatment including expenses on special diet, transportation etc. According to him, he has suffered permanent disability. He has further claimed that he was earning Rs. 5000/- per month before this accident by running a milk dairy and working as agriculturist. He has sought a compensation in a sum of Rs. 10,00,000/- for his injuries. Vinod Kumar, the deceased is claimed to have been the son of Desh Raj and Sunderwati, the claimants. He is said to be running a milk dairy and was working as agriculturist and was having a monthly income of Rs. 5000/-. He is said to have died at the age of 30 years. He is also claimed to be a bachelor. A sum of Rs. 15,00,000/- is claimed as compensation on the death of Vinod Kumar.;