RAMESH KHARVI Vs. RAMA KHARVI

JUDGEMENT

(1.) This appeal is preferred by the claimant - injured against the judgment and award dated 30.06.2011 passed by the Tribunal in MVC No.660/2010 seeking for enhancement of compensation, not being satisfied with the compensation awarded by the Tribunal.

(2.) The factual matrix of the appeal is as under:

(3.) Upon service of notice of the claim petition, respondent Nos.1 and 2 remained absent and were placed exparte. Respondent No.3 - Insurance Company appeared through its counsel and filed written statement resisting the claim petition contending that the offending autorickshaw was not involved in the accident. It was further contended that the said vehicle was duly insured but however, the liability, if any, was restricted to the terms and conditions of the policy issued. It was further contended that the driver of the offending vehicle did not have an effective driving licence to drive the class of vehicle involved in the accident. Urging these grounds, the Insurer sought for dismissal of the claim petition.