The claimant was a pillion rider on a motorcycle which was driven by its driver on the fateful day, i.e., 6 1 1977 when both of them namely the driver of the motorcycle as well as the pillion rider got injured in a motor accident.
The driver of the motorcycle, Shri Shashendra Lahiri suffered shortening of his leg by 3 inches while the appellant suffered shortening of his leg by 1.75 inches which is well established on record.
In the claim petitions filed by them, companypensation under the Motor Vehicles Act, 1939 was granted in their favour accepting the negligence of the driver of the offending vehicle namely, the jeep.
The offending vehicle was insured with Respondent 3 Insurance Company.
After the accident, both the pillion rider and the driver of the motorcycle had to be given prolonged medical treatment and both of them suffered permanent partial disabilities.
The offending vehicle being a jeep dashed against the motorcycle and caused injuries to them.
Taking a leaf from the book of Shri Lahiri, the appellant also filed the present appeal which was delayed by 229 days.
As the additional claim of the appellant will have to be borne by Respondent 3 Insurance Company whose companynsel was heard, we deem it fit to dispose of the appeal on merits after hearing him.
We have heard learned companynsel for the appellant claimant as well as learned companynsel for the respondent Insurance Company who alone has thought it fit to companytest this proceeding.
15567 of 1996 wherein this Court held that he deserved an additional amount of Rs 4 lakhs by way of companypensation.
Their appeals were disposed of with slight modification and increase in companypensation by the High Court.
Delay in filing the SLP is companydoned after hearing the companytesting respondents.
Leave granted.
