- (1.) SINCE both the matters are related to the same award, hence they are being decided by this common order.
(2.) THE short facts of the case are that accident took place on 14.1.1994 at about 9 a.m. near blind School Sri Ganganagar. THE claimant Ramchander was going on his scooter. A tractor trailer No. RNC 8624 was going ahead on the same direction. Suddenly the driver took a turn towards left side and collied with the claimant. THE claimant got injured. He was immediately taken to the hospital. THE FIR was lodged. THE claim petition was preferred by the claimant and the learned Tribunal has awarded a compensation of Rs. 2,55,000/ -. The only contention of the Insurance Company is that admittedly the accident has taken place on 14.1.1994 at 9 a.m. whereas the insurance policy has become effective on 14.1.1994 at 12.10 p.m. and at the time of accident, the tractor was not insured, hence the Insurance Company cannot be held liable for the award.
(3.) PER contra the contention of the claimant is that according to rule 142 of the Central Motor vehicles Rules, 1989 the insurance will be effective from the date of issue of cover note and further his contention is that a meagre amount has been awarded. The claimant has suffered permanent disability of 80%. His one leg has been imputed above the knee and hence appropriate compensation should be awarded. Respondent no.3 died and his name has been deleted on 15.12.2004. Heard learned counsel for the parties and perused the impugned award as well as the relevant record.;