PRABHULAL RAJAK Vs. VIJAY KUMAR SHARMA AND ORS.

JUDGEMENT

(1.) This misc. appeal under section 173 of Motor Vehicles Act, 1988 has been filed against the award dated 7.12.2012, passed by IVth Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 91 of 2011 for enhancement of compensation amount.

(2.) Since the factum of accident has not been disputed, therefore, it is not necessary to consider the facts of the case in detail. It is sufficient to mention that the appellant had suffered fracture of left tibia bone. Further, since the driving licence of the driver was not having endorsement of transport vehicle, therefore, the insurance company has been exonerated. It is further submitted that the amount awarded by the Claims Tribunal is on a lower side.

(3.) Heard the learned counsel for the parties. Exoneration of insurance company: