Rajesh Tandon, J. - (1.)HEARD Shri Lok Pal Singh, counsel for the appellant and Shri D.S. Patni, counsel for the respondent No. 1.
This is claimant's appeal for enhancement of amount of compensation.

(2.)BY the present appeal, filed under Section 173 of Motor Vehicles Act, 1988, the appellant has prayed for enhancement of amount of compensation awarded by the judgment and award dated 17.12.2005 passed by the Motor Accident Claims Tribunal, Pauri Garhwal in M.A.C.P. No. 83 of 2004.
Briefly stated, a motor accident claim petition No. 83 of 2004 was made under Sections 166/140 of the Motor Vehicles Act for compensation of Rs. 6,50,000/ -. According to the claimant, on 27.11.2003 he was coming to Kotdwar from village Kesta Mahabgarh by Jeep No. UP 20 B -7245. When the Jeep was standing in the left side of the road at Aamsaud at Kotdwar -Dugadda Marg, the claimant was crossing the road for urinal. Suddenly, the Jeep No. UP 06 -4940 dashed the claimant by driving rashly and negligently. As a result of which, the claimant sustained injuries and his right knee and bones of right thigh got damaged. The claimant has become permanently disabled. The claimant has also sustained injuries over his head and left hand. The claimant was treated at Government Hospital, Kotdwar. Thereafter he was treated at Himalayan Institute, Jollygrant and the treatment is still going on. The claimant has spent a sum of Rs. 1,00,000/ - towards medical expenses and Rs. 1,00,000/ - is expected to be spent towards future medical expenses. It has been stated that Sushil Kumar Bhatt was the owner of the said Jeep and the said Jeep was insured with the National Insurance Company Limited.

(3.)THE insurance company has filed a written statement. It has been admitted that the vehicle was insured with the insurance company. It has been submitted that the claimant was not a bona fide passenger. The driver was not holding a valid driving license and the insurance company is not liable to indemnify the claim as the driver of the jeep has violated the insurance policy. The fitness certificate, registration certificate, permit, etc. were not in order. The compensation has been claimed in exaggeration. The owner of the offending vehicle is liable to indemnify the claim. The claim petition is liable to be dismissed.
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