RAMAASRE YADAV Vs. RAMVARAN SINGH RATHORE

JUDGEMENT

(1.) None for owner cum driver of the offending vehicle. With consent, heard finally.

(2.) This order shall govern disposal of M.A.No. 845/2009 as well as M.A.No. 893/2010 as both these appeal are arising out of common award dated 30/03/2009 passed by Second Additional Motor Accident Claims Tribunal,Gwalior, whereby, a total compensation of Rs. 28,000/- has been awarded to the claimant (injured), who suffered injuries in road accident dated 21/3/2007 .

(3.) M.A.No. 845/2009 has been preferred by claimant for enhancement of claim amount awarded by Claims Tribunal, whereas, M.A.No. 893/2009 has been moved on behalf of owner cum driver of the offending vehicle assailing the findings arrived at by the Claims Tribunal, whereby, Insurance Company has been exonerated from liability of payment of compensation and instead thereof, owner cum driver of the offending vehicle was held liable for payment of amount of compensation jointly and severely on the ground that he was having LMV licence and therefore, was not authorized to drive Loading Auto bearing registration No. MP-07-G-0652, a commercial/ transport vehicle.