ORIENTAL INSURANCE COMPANY LTD. Vs. PARKASH BAHADUR

JUDGEMENT

(1.) By the medium of this appeal, the appellant-insurer has invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the MV Act") and has questioned the award, dated 17th June, 2008, passed by the Motor Accident Claims Tribunal, Fast Track Court, Solan, District Solan, Himachal Pradesh (hereinafter referred to as "the Tribunal") in Petition No. 6 FTC/2 of 05/2006, titled as Shri Parkash Bahadur versus Smt. Neelam Aggarwal and others, whereby compensation to the tune of Rs. 1,67,830/- came to be awarded in favour of the claimant-injured with interest @ 6% per annum from the date of petition till deposit of the same (hereinafter referred to as "the impugned award) on the grounds taken in the memo of appeal. Brief Facts:

(2.) The claimant-Parkash Bahadur was engaged as a labourer for loading and unloading of the goods by the owner and the driver of the vehicle, bearing registration No. HP-13-0479, was travelling on 23rd November, 2003 in the said vehicle which was being driven rashly and negligently by the driver, namely Shri Vijay Kumar. The said vehicle met with an accident at place Dolag, District Solan, the claimant sustained injuries, was taken to Zonal Hospital, Solan, remained admitted there from 23rd November, 2003 to 1st December, 2003 and has remained bed ridden for some time. He was again admitted in the hospital for 20th and 21st January, 2004. He has suffered 30% permanent disability, which has affected his earning capacity and has sought compensation to the tune of ' five lacs as per the breaks-up given in the claim petition.

(3.) The respondents resisted the claim petition on the grounds taken in the memo of objections. Following issues came to be framed by the Tribunal on 29th June, 2006: