JUDGMENT

Mrs. Ritu Tagore, J.

This judgment shall dispose of FAO No.672 of 2019 filed by Mukesh Kumar, appellant-claimant, seeking enhancement of compensation for the injuries and permanent disablement suffered by him in the accident And FAO No.3051 of 2019 filed by Imran Khan appellant-owner (respondent No.2) of the offending vehicle, a truck bearing registration No.HR-73-8720, challenging the liability imposed upon him to satisfy the award dated 15.09.2018 for committing breach of terms of the insurance policy.

2. The Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as 'the Tribunal') awarded a compensation of Rs.4,47,922/- under the various heads to the claimant-injured (Mukesh) along with interest @ 7.5% p.a. from the date of filing of the petition till actual realisation.

3. The brief facts of the case are given hereunder:-

The appellant-claimant Mukesh suffered grievous injuries in road accident that occurred on 13.05.2016 while driving the vehicle Eicher Canter bearing registration No.HR-38-Q-0533 by observing all traffic rules on Punhana-Hodal Road. When the claimant reached opposite CHC Punhana at about 1.40 PM, a TATA truck bearing registration No.HR-73-8720 (the offending vehicle) being driven by respondent No.1, in a rash and negligent manner came from Punhana side and banged into the vehicle of appellant-claimant. The appellant-claimant was first shifted to CHC Punahana, where he was medico-legally examined and after providing necessary medical aid, he was referred to Mandikheda, but was shifted to Nagpal Maternity and Orthopaedic Hospital, 1-C/62, NIT, Faridabad due to his serious condition and was treated as an indoor patient from 13.05.2016 to 23.05.2016 and 31.05.2016 to 05.06.2016. The appellant-injured continued his treatment at Nagpal Hospital, Faridabad till November, 2016 and thereafter, he took treatment from Handa Hospital, Sector-16, Faridabad, where his right leg was again operated upon. On account of the accident, appellant-claimant suffered permanent disability to the extent of 40% restricting movement of his right leg.

4. FIR bearing No.268 dated 17.05.2016 under Sections 279 and 337 IPC was registered against respondent No.1-driver at P.S. Punhana.

5. It is claimed that appellant-claimant is a driver. He was employed with M/s Vijay Bharat Transport Company, Faridabad on a salary of Rs.15,500/- per month with incentive at the time of accident.

6. In pursuance to notice, by filing a joint reply, the respondent No.1 (driver) and respondent No.2 (owner) denied the accident and their involvement in it. Further, averred that respondent No-1-driver had a valid and effective driving licence to drive the offending vehicle along with a valid route permit, fitness certificate etc. at the relevant time and, by denying the averments of the appellant-claimant as to his entitlement for compensation, prayed for dismissal of the petition.

7. Insurance Company (respondent No.3) in its written reply denied the accident and involvement of the offending vehicle and alternatively pleaded the fault of claimant in occurrence of the accident. In addition, pleaded a case of hit-and-run by an unknown vehicle and asked the claimant to prove his averments strictly. Respondent No.3 further took the plea of fundamental breach of the terms and conditions of the insurance policy by the insured-owner on account that respondent No.1-driver had no