- (1.) RAJEEV Gupta, C. J. Mr. Deepak Rawat, Ad vocate for the appellant. Mr. D. S. Patni, Advocate for the second respondent. None for the first respondent though served. On due consideration, application for the condonation of delay is allowed and the delay in filing the appeal is hereby condoned.
(2.) WITH the consent of the learned counsel for the parties, the appeal is fi nally heard. The appellant Subhash Chandra Joshi is seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal/district Judge, Pithoragarh 'vide Award dated 05-08-2003 passed in Motor Accident Claim Case No. 214 of 2000. The claimant Subhash Chandra Joshi claimed compensation of Rs. 4,60,000/- for the injuries sustained by him in the motor accident on 14-12-1998 when bus no. U. P. 01-2111 in which he was travelling met with an ac cident due to rash and negligent driv ing of its driver resulting in serious in juries to the claimant leading to the am putation of his right foot. The claimant further pleaded that he was working as a Chaukidar in Junior High School and on account of the injuries and ampu tation it had become difficult for him to perform his duties.
(3.) THE owner and the insurer of the bus contested the claim and disowned their liability to pay compensation to the claimant on the plea that the acci dent occurred due to technical fault in the bus. THE Insurance Company took the further plea that the bus was being plied in breach of the policy conditions and the driver of the bus was not hold ing a valid driving license. The Tribunal on the evidence led by the parties held that the claimant sustained injuries in the accident; the accident occurred due to rash and neg ligent driving of the driver of the bus; and the insurance company of the bus was liable to pay the compensation to the claimant.;