- (1.) RAJEEV Gupta, C. J. Mr. I. D. Paliwal, the learned counsel for the appellant is heard on admission.
(2.) THIS is claimant's appeal for en hancement of the compensation awarded by Motor Accident Claims Tri bunal I District Judge, Pithoragarh vide Award dated 05-05-2006 passed in Mo tor Accident Claim Case No. 92 of 2002. Appellant/claimant Hari Mohan Pandey claimed compensation of Rs. 5,25,000/- for the injuries suffered by him in the motor accident on 25-09-2001 when he was hit by the offending vehicle Car bearing registration No. DL-3 CP-5870 resulting in multiple serious injuries to the claimant. It was further pleaded that, on account of the injuries sustained by the claimant, he remained admitted in the hospital for a period of about six months. The owner and the insurer of the offending vehicle Car contested the claim. The owner of the offending vehi cle took the plea that the claimant, him self, was responsible for the accident, whereas the insurer denied its liability to pay compensation to the claimant on the plea that the vehicle was being driven in breach of the policy conditions and the driver of the Car was not hold ing a valid driving license.
(3.) THE Tribunal, on the evidence led by the parties, held that claimant Hari Mohan Pandey sustained injuries in the accident, which took place on 25-09-2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Car and the insurer of the Car was liable to pay compensation to the claimant. Considering the nature of the in juries and the fact that the claimant suf fered permanent disability to the extent of 40%, the Tribunal awarded a sum of Rs. 50,000/- towards Permanent Disabil ity and a further sum of Rs. 92,752/- to wards Medical Expenses & other inci dental expenses and a sum of Rs. 5,000/ - towards Pain & Agony. Thus, a total sum of Rs. 1,47,750/- was awarded as compensation to the claimant with in terest at the rate of 9% per annum from the date of the Award.;