ABDUL HAFIJ KHA Vs. BHURALAL

JUDGEMENT

(1.) THE appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the enhancement of the amount of Award dated 29-9-1998 in M. A. C. C. No. 295/1997 passed by learned IInd Additional Member of Motor Accident Claims Tribunal, Mandsaur, wherein the compensation of Rs. 30,000. 00 was provided to the appellant with interest @ 12% p. a. from the date of filing the claim petition.

(2.) THE case of the claimant is that on 3-11-1996 when he was going in a jeep to Ajmer, the Truck No. RJ 30-G-0045 driven rashly and negligently by respondent No. 1 collided with the jeep and the appellant has received the fracture of his right leg. That respondent No. 2 was the owner and respondent No. 3 was the insurer of the Truck. That the claimant is a school teacher and he was unable to join the duties for six months and he has incurred the expenses of Rs. 20,000. 00 in his treatment and as such the compensation of amount of Rs. 4,55,000. 00 be provided to him jointly and severally from the respondents.

(3.) RESPONDENT Nos. 1 and 2 remained ex parte and respondent No. 3 has alleged that the Insurance Company is not liable to pay the amount on account of the breach of the Insurance Policy as the driver was not having the valid licence to drive the Truck.