Sandeep Sharma, J. - (1.)Present appeal filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act"), lays challenge to award dated 25.8.2018, passed by the learned MACT (I) Una, District Una, Himachal Pradesh, in MAC No. 371 of 2013, whereby sum of Rs. 14,80,700/- along with interest @ 9% per annum, from the date of filing of the claim petition till its deposit came to be awarded in favour of complainant respondent No.1. Since appellant Insurance Company being insurer came to be directed to pay the compensation, it has approached this Court in the instant proceedings, praying therein to set-aside the impugned award.
(2.)Briefly stated facts, as emerge from the record are that on 27.11.2012, respondent-claimant (herein after referred to as "the claimant"), who at that relevant time was going on his motor cycle bearing registration No. HP-19-3694 suffered multiple injuries after being hit by truck bearing registration No. PB-07-AF-2137 being driven by respondent No. 3 i.e. driver. After the aforesaid alleged incident claimant was taken to hospital at Gagret, from where he was referred to Regional Hospital Una. Record reveals that on account of serious injuries suffered by the claimant, he was referred to PGI Chandigarh, where he remained admitted w.e.f 28.11.2012 to 14.1.2013. In the aforesaid background, claimant, who, at the time of the alleged incident, was pursuing his engineering studies filed claim petition under Section 166 of the Act, praying therein compensation to the tune of Rs. 30 lac.
(3.)Claimant claimed before the Tribunal below that he spent approximately Rs. 7.00 lac on medical treatment and besides this, two attendants remained with him throughout. Claimant also claimed that since he has lost complete one year of studies, huge financial loss has occurred to him and as such, he is liable to be compensated. FIR No. 98 dated 27.11.2012, came to be registered at PS Gagret against respondent No.3. Respondent No.3 i.e. driver of the truck, by way of filing reply refuted the claim of the petitioner-claimant and alleged that accident took place on account of rash and negligent driving of the petitioner-claimant and as such, he is not liable to pay any compensation.
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