ORIENTAL INSURANCE CO LTD Vs. RAJAN KUMAR

JUDGEMENT

(1.) Both the claimant and the insurer are aggrieved by the impugned award dated 1.2.2006 passed by the Motor Accidents Claims Tribunal, Hamirpur, H.P. in M.A.C. Petition No. 22 of 2004 titled as Rajan Kumar v. Tilak Raj.

(2.) The claimant, 25 years of age, having sustained multiple injuries in a road accident leading to paraplegia on both lower limbs, rendering him to be crippled for the rest of his life has been awarded compensation of Rs. 7,00,000 by the Tribunal. The claimant is aggrieved of the fact that the compensation is on the lower side whereas the insurer is aggrieved of the fact that the liability has been wrongly fastened upon the insurance company.

(3.) It is a matter on record that the insurer did not seek permission under section 170 of the Motor Vehicles Act (hereinafter referred to as 'the Act') and, therefore, the scope of challenge in the appeal filed by the insurer is limited.