SHRIRAM GENERAL INSURANCE CO. LTD. Vs. DEEP KUMAR

JUDGEMENT

(1.) By way of instant petition filed under S.173 of Motor Vehicles Act, challenge has been laid to Award dated 28.9.2019 passed by learned Motor Accident Claims TribunalII, Mandi, District Mandi, Himachal Pradesh camp at Sundernagar, District Mandi, Himachal Pradesh in Claim petition No. 62/2016, titled Deep Kumar vs. Sh. Param Dev and another, whereby learned Tribunal below, while allowing the claim petition having been filed by respondent No.1/claimant (hereinafter, 'claimant') under S.166 of the Act, directed the appellant-Insurance Company to pay compensation to the tune of Rs.49,40,000/- to the claimant alongwith interest at the rate of 9% per annum from the date of filing of the petition till the date of deposit.

(2.) Precisely, the facts of the case as emerge from the record are that claimant filed a claim petition under S.166 of the Act against the owner and insurer of Truck bearing registration No. HP31A-6466, on account of injuries suffered by him in the accident on the intervening night of 8th and 9th September, 2016 at Kumarhatti Bypass road, Dharampur, District Solan, Himachal Pradesh. Claimant claimed that he was working as a Collie in the offending vehicle and was being paid Rs.10,000/- per month by the owner i.e. respondent No. 2, Param Dev. Claimant averred that he had traveled to Kakkarmajra Punjab in the offending vehicle and after it was loaded with bricks and was on its return journey to Rampur, Himachal Pradesh, it met with an accident near Kumarhatti Bypass on ChandigarhShimla road on account of rash and negligent driving of the driver, as a consequence of which, he suffered multiple injuries and has been rendered paraplegic and is unable to stand, walk, sit and squat and thus is totally confined to bed and unable to move his arms and head and change sides without the help of others. As per claimant, he will require permanent attendant throughout his life. Claimant also averred that on account of having rendered permanently disabled, he has been deprived of joys of life and can neither earn nor marry nor perform any other work and has been permanently crippled as such, he is entitled to compensation to the tune of Rs.1.00 Crore under various heads from the owner and insurer of the offending vehicle.

(3.) Owner of the offending vehicle, by way of a reply, though admitted the factum with regard to accident but denied that the accident took place on account of rash and negligent driving of the vehicle by its driver. He claimed that the driver of offending vehicle was possessing valid and effective driving licence to drive the vehicle and said vehicle was duly insured on the date of alleged accident, as such, liability, if any, can be fastened by the Tribunal on appellant-Insurance Company.