Jitendra Chauhan, J. - (1.) THIS appeal has been preferred by the claimant -appellant against the impugned award dated 06.01.2012 passed by the Motor Accident Claims Tribunal, Moga, with the prayer for enhancement of the compensation.
(2.) ALONG with the appeal, an application under Order 41, Rule 27 C.P.C. for additional evidence has been filed by the appellant. The appellant has placed on record the disability certificate (Annexure -A1), dated 29.12.2010, issued by the Chief Medical Officer, Civil Hospital, Moga. The learned counsel for the appellant argues that the learned Tribunal has not awarded a single penny towards disability. He further submitted that an application dated 10.12.2011 for leading additional evidence to prove the factum of disability filed by the claimant was dismissed by the learned Tribunal vide order dated 03.01.2012, resulting into miscarriage of justice occasioned by irreparable loss to the claimants. He further submitted that sufficient opportunity was afforded to the claimant -appellant to assail the order of dismissal passed in the application, before passing the impugned award dated 06.01.2012. He further submitted that the disability was to the extent of 40%.
(3.) THE learned counsel for the respondent -Insurance Company argues that the learned Tribunal rightly dismissed the application for additional evidence as the claimant could not show the exercise of due diligence or to furnish reasonable excuse to give any reason as to why the said piece of evidence could not be proved at the appropriate stage.;