SHAKUNTALA JAIN Vs. VINOD

JUDGEMENT

(1.) The appeal has been preferred by the claimant for enhancement of compensation calling in question the award dated 30.11.2004 passed by Eighth Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 30 of 2004.

(2.) The claimant Shakuntala sustained fracture of pelvic bone. She is aged 55 years. The Tribunal has awarded compensation of Rs. 18,475 along with interest at the rate of 6 per cent per annum from the date of claim petition till realization. The insurer has been exonerated as the driver was holding licence to drive light motor vehicle whereas he was driving motor cycle for which he was not holding licence.

(3.) Having heard learned counsel for the parties, in my opinion, the Tribunal has not awarded adequate compensation as well as illegally exonerated the insurer from making payment of compensation determined by the Tribunal, the liability ought to have been joint and several.