- (1.) Cm No. 14716-CII-2014 Heard. For the reasons, mentioned in the application, the delay of 78 days in filing the appeal is condoned. CM stands disposed of accordingly. By this appeal, the appellant who was injured in a motor accident on 06.08.2011, seeks enhancement of the compensation of Rs. 1,40,000/- awarded to him by the learned Motor Accidents Claims Tribunal, Yamuna Nagar, vide its award dated 08.10.2013.
(2.) Though respondent No. 1, i.e. the driver of the 'offending vehicle', has not been served of the notice in this appeal, respondents No. 2 and 3 stand duly served. In view of the fact that the contesting respondent is actually the Insurance Company (respondent No. 3), it is not considered necessary to serve respondent No. 1, as submitted by learned counsel for the appellant.
(3.) The facts leading up to the filing of the claim petition before the Tribunal, are that the appellant was riding on motor cycle No. HR-02-P-5427, on 06.08.2011, near Vishawkarma Chowk, Yamuna Nagar. When, at about 11:00 p.m., he took a turn towards the Radaur Road, a truck bearing registration No. HR-58-A-2234 (hereinafter referred to as 'offending vehicle'), stated to be driven at a high speed, in a rash and negligent manner, came from behind and struck against the motor cycle. The appellant is stated to have fallen down and sustained multiple injuries on various part of his body and his motor cycle was also extensively damaged. Respondent No. 1 is stated to have fled away from the spot, leaving the 'offending vehicle' there. An FIR No. 254, was also registered against respondent No. 1, on 07.08.2011. Subsequently, the claim petition was filed before the Tribunal, seeking compensation to the tune of Rs. 3,00,000/-, on account of the injuries sustained by the appellant, which eventually led to his being hospitalized and even led to the amputation of his toe. He also sought compensation for the damage to his motor cycle.;