R.K.GAUBA, J.

1. The first respondent herein (the claimant) suffered injuries in a motor vehicular accident that occurred on 20.03.2011 in the area opposite Spice Mall, Sector-21, Noida, UP. At that point of time, he was accompanied by two friends including one named Sonu, who was on his motorcycle. It is admitted case that the claimant and the other friend were with Sonu as pillion riders on the motorcycle of the latter, when it was involved in collision against car bearing No.UP-16Y-2319 (the offending vehicle) concededly owned and driven by the second respondent herein, it being admittedly insured against third party risk with the appellant (insurer) for the relevant period. The claimant, as a result of injuries suffered, which included injuries in the head region, has been rendered permanently disabled, the disability arising out of hemiparesis with dysphasia post head injury having been assessed by a board of doctors of Lal Bahadur Shastri Hospital of Govt. of NCT of Delhi, vide disability certificate (Ex.P1) dated 19.04.2012, to be to the extent of 63% in relation to the whole body. It must be mentioned here itself that there is no dispute raised about the injuries,