STATE OF HIMACHAL PRADESH Vs. CHAINA RAM

JUDGEMENT

(1.) THIS appeal filed by the State is directed against an award in the sum of Rs. 2,06,621/- made in a motor accident claim petition instituted by the first respondent (the injured claimant) The claimant was aged 34 at the time of the accident and he suffered permanent disability to the extent of 100% as a result of the injuries received in the course of the accident. He is rendered incapable of doing any work since he is totally confined to bed and needs the assistance even for answering the call of nature. He has lost his job which fetched him an income of Rs. 836 50/-per month. His family consists of himself, his wife and three minor children who are totally dependant upon him.

(2.) THE award of the Tribunal, when split-up under the different heads, is as follows:

(3.) IN paragraphs 7 to 12 of the award, the Tribunal has highlighted the circumstances under which the accident took place and the capacity in which the injured claimant was travelling in the vehicle at the relevant time. The Tribunal has reached the conclusion that the accident occurred owing to the negligence on the part of the second respondent and that the injured claimant was travelling in the vehicle at the material time in the course of his duty as Helper in the workshop. No flaw in the finding recorded accordingly is apparent or has been pointed out. The appellant cannot, therefore, escape the liability to pay just compensation.