Veerender Singh Siradhana, J. - (1.) The above noted two appeals are directed against the same award dated 10th February, 2010, and therefore, have been taken up for final adjudication at this stage with the consent of the learned counsel for the parties by this common order.
(2.) Briefly, the skeletal material facts are that the claimant -Bhagchand suffered severe injuries in an accident on 20th July, 2006, while he was travelling in a car with his friend and the car was hit by the offending truck, which was driven negligently and carelessly. A report of the accident was entered in the daily diary (Roznamcha) on 21st July, 2006. The claimant -Bhagchand suffered severe injuries and was discharged on 30th July, 2006, and lodged an FIR of the accident on 8th January, 2007.
(3.) It is pleaded case of the claimant -Bhagchand that the proceedings were drawn for the accident against an unknown truck and the claim petition was also instituted accordingly. However, having learnt about the registration number of the offending vehicle, the amended claim petition was filed on 6th November, 2007. The Tribunal on consideration of the pleadings of the parties and evidence adduced made the claim of compensation vide impugned award dated 10th February, 2010, for an amount of Rs. 5,35,022 (Rupees five lac thirty five thousand twenty two), with interest @ 8% per annum provided the amount of compensation was paid within two months of the award and failure to do so would attract interest have at the rate of 9%. The Insurance Company has preferred the appeal assailing the findings arrived at by the Tribunal on issue number 1, stating that the truck with the registration number RJ -21 -GA -04945, has been falsely implicated in the accident only for the purpose of the claim for the FIR of the accident was lodged almost after six months.;