Navita Singh, J. - (1.) LEARNED counsel for the parties have been heard.
(2.) THIS appeal is preferred against the award dated 1.10.2008 passed by Motor Accident Claims Tribunal (Tribunal for short), Ambala. The appellant was granted compensation to the tune of Rs. 35,885/ - for the injuries sustained by him in a road accident on 24.8.2007. The case of the appellant was that on 24.8.2007, he was coming from Shazadpur to Ambala on motor -cycle bearing No. HR -01P -6810 and was driving on the correct side of the road. The time was 9.30 p.m. When he reached near Mandhor bus stop, his motor -cycle struck against a 'tipper' truck, which was standing with its face towards Ambala in the middle of the road without any parking light or any other indication. The appellant fell down and received grievous injuries including fracture of the jaw. The accident took place due to negligence of respondent No. 1, who had parked the vehicle at night in the middle of the road without any indication. The appellant was first taken to Civil Hospital, Ambala, from where he was referred to PGI and then back to Civil Hospital, Ambala. He was then taken to M.M. College of Dental Science and Research, Mullana and underwent surgery on 30.8.2007 and was discharged on 2.9.2007. His age at the relevant time was 29 years and he was working with the Haryana Police. He spent the huge amount on his treatment and was also subjected to loss of salary.
(3.) RESPONDENTS No. 1 and 2 filed a joint reply denying the accident but all the same stating that one person was involved in an accident on 24.8.2007 but they did not know who the person was. According to them, the person was wearing a helmet and was taking on his mobile phone while driving the motorcycle at a high speed. The motor -cycle had struck against a stone lying on the road and appellant lost control. The truck was standing on one side of the road with parking lights on. Respondent No. 1 was changing the wheel of the truck when he saw the appellant falling on the road. He had rather helped the injured and got him admitted in the hospital.;