- (1.) C M-17006-CII-2005 There is delay of 168 days in re-filing the present appeal. The appellant has filed an application under Section 151 of the Code of Civil Procedure, 1908 for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and delay in re-filing the appeal is hereby condoned. The present appeal has been preferred by appellant-claimant Sunil Kumar against the award dated 14.10.2004, passed by learned Motor Accidents Claims Tribunal, Sirsa (hereinafter called the Tribunal), vide which he has been awarded a sum of Rs.1,55,000/- as compensation on account of the injuries received by him in the motor vehicular accident which took place on 06.01.2002.
(2.) Learned counsel for the claimant contended that the injured lost one eye. He has suffered total 35% disability but the learned Tribunal has awarded only Rs.70,000/- as compensation towards disability. Very less amount has been awarded towards pain and suffering and disfiguration of the face. Thus, he contended that the learned Tribunal has not awarded just compensation to the claimant.
(3.) On the other hand, learned counsel for the respondentInsurance Company contended that the learned Tribunal has awarded compensation keeping in view all the heads. Rs.70,000/- has been awarded as compensation towards disability, which is just and appropriate. The compensation awarded under other heads is also adequate and the claimant is not entitled for any future enhancement.;