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2008 Supreme(HP) 540

SANJAY KAROL
Oriental Insurance Company Ltd. – Appellant
Versus
Rajan Kumar – Respondent


JUDGMENT

Sanjay Karol, J.

1. Both the claimant and the insurer are aggrieved by the impugned award dated 1st February, 2006 passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. in MAC Petition No. 22 of 2004 titled as Rajan Kumar v. Tilak Raj and Ors.

2. The claimant, 25 years of age, having sustained multiple injuries in a road accident leading to para plegia 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.

4. Claimant Sh. Rajan Kumar filed a claim petition under Section 166 of the 'Act' claiming compensation of Rs. 10,00,000/-. On 5th February, 2004 the claimant was hit by vehicle No. HR-29-B-6417 owned by Sh. Inder Singh Kataria and driven by Sh. Tilak Raj. I


























































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