ORIENTAL INSURANCE COMPANY Vs. PADMA DEVI AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 6.9.2008, passed by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District, Shimla, H.P. in MAC Petition No. 62 of 2006, titled Padma Devi versus Sh. Tejwant Singh Negi and others, hereinafter referred to as "the Tribunal", for short, whereby compensation to the tune of Rs. 7,35,000/ - alongwith interest @ 9% per annum came to be awarded in favour of the claimant and insurer was saddled with the liability, for short "the impugned award", on the grounds taken in the memo of appeal.

(2.) CLAIMANT , driver and owner have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them.

(3.) THE claimant had invoked the jurisdiction of the claims Tribunal for the grant of compensation to the tune of Rs. 8 lacs, as per the break -ups given in the claim petition on the ground that the driver, namely, Vijay Singh had driven vehicle bearing registration No. HP25 -0383 rashly and negligently on 29.8.2002 and had caused the accident, wherein the claimant had sustained injuries. The claimant was brought to Bhabanagar hospital from where, she was referred to IGMC Shimla for further treatment. FIR No. 53 of 2002 was registered at police Station Bhabanagar. The petitioner is stated to have spent more than Rs. 2,50,000/ - on her treatment and after the accident the claimant has become permanently disabled to the extent of 35% and has affected her agricultural and horticulture vocation, the details of which have been given in the impugned award.