The main legal point established in the judgment is the principles of awarding compensation in cases of permanent disability and the compulsory duty of owners to insure vehicles to protect the rights of third parties.

Mansoor Ahmad Mir, J.

This appeal is directed against the award, dated 21st February, 2012, passed by the Motor Accident Claims Tribunal(II), Mandi, H.P., (for short, the Tribunal), in Claim Petition No. 58 of 2004, titled Desh Raj Sharma vs. Ram Pyari and others, whereby compensation to the tune of Rs.2,44,000/, alongwith interest at the rate of 7.5% per annum, came to be awarded in favour of the claimant and the owner and the driver came to be saddled with the liability jointly and severally, (for short, the impugned award).

2. Feeling aggrieved, the claimant has questioned the impugned award by the medium of instant appeal on the ground that the amount awarded by the Tribunal is on the lower side. On the other hand, the legal representatives of the owner (respondents No.1 and 2 herein) have filed Cross Objections seeking exoneration and have prayed that the insurer be saddled with the liability.

3. The driver and the insurer have not challenged the impugned award on any ground, thus, the same has attained finality so far as it relates to them.

4. Facts of the case, in brief, are that on 28th October, 2003, at about 10 p.m., the claimant boarded Maruti Car bearing No. HP-22-5911, owned by respondent No.1 Ram Payari (since dead) and being driven by respondent No.2, from Karsog to Mandi. Further averred that when the said Car reached at Village Bagla, due to the rash and negligent driving of respondent No.2, the car hit with the rear portion of the truck going ahead, as a result of which the claimant sustained injuries, was taken to Zonal Hospital, Mandi, remained admitted there till 13th November, 2003, was referred to Indira Gandhi Medical College and Hospital, Shimla where the claimant was operated upon for neck injury and was discharged on 3rd December, 2003. Thus, the claimant filed the claim petition for compensation to the tune of Rs.10.00 lacs, as per the break-ups given in the claim petition.

5. The owner and the driver filed joint reply and resisted the claim petition. The insurer also filed reply and contested the claim petition on the grounds taken in the memo of reply.

6. On the pleadings of the parties, the following issues were framed by the Tribunal on 24th August, 2015:

“1. Whether the petitioner had sustained injuries due to the rash and negligent driving of Maruti Car No.HP-22-5911 on 28.10.2003 at place Bagla, being driven by respondent No.2 as alleged? OPP

2. If issue No.1 is proved in affirmative to what amount of compensation the petitioners are entitled to and from whom? OPP

3. Whether respondent No.2 was not having a valid and effective driving license at the time of accident? OPR-3

4. Whether the offending vehicle was being driven in contravention of the terms and condition of the Insurance Policy? OPR-3.

5. Relief.”

7. In support of his claim, the claimant examined Dr. Manoj Thakur as PW-1, ASI Joginder Pal as PW-2, Suresh Kumar from the office of S.P., Mandi, as PW-3, Dr. Renu Behal as PW-4, while he himself stepped into the witness box as PW-5. On the other hand, the insured/owner, the driver and the insurer have not led any evidence. Thus, the evidence led by the claimant has remained un-rebutted.

8. The Tribunal, after appreciating the pleadings and the evidence, allowed the claim petition, vide the impugned award and saddled the owner and the driver with the liability.

9. Feeling aggrieved, the claimant has questioned the impugned award on the ground of adequacy of compensation, while the owner has laid challenge to the impugned award by filing cross objections.

10. Thus, following points arise for determination in the instant lis:

(i) Whether the amount awarded is inadequate?

(ii) Whether the Tribunal has fallen into an error in discharging the insurer form the liability and directing the owner/insured to satisfy the same?

Point No. i

11. The claimant has examined PW-4 Dr. Renu Behal, Zonal Hospit