- (1.) THESE appeals are directed against the judgment and award dated 30.05.2007 passed by the Motor Accident Claims Tribunal, Banswara ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 75,636/ - alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 29.04.2006 as compensation. While the appellant Insurance Company seeks exoneration from liability to pay compensation, the claimant seeks enhancement of compensation.
(2.) THE facts in brief may be noticed thus : claimant Kamal was standing on the side of the road when respondent Gotam driving a dumper bearing registration No. RJ03/G -1572 collided with him, resulting in grievous injuries to the claimant; an application was filed seeking compensation of Rs. 5,06,000/ - with the averments that claimant was aged 35 years and, while working as driver, he used to earn Rs. 6,000/ - per month as driver and Rs. 1,00,000/ - annual by agricultural operations.
(3.) A reply to the application was filed by the Insurance Company and the averments contained in the application were denied; it was also submitted that the driver of the dumper was not in a possession of valid and effective driving licence and the vehicle had no valid permit. The trial court framed four issues. On behalf of the claimant, he himself was examined as AW -1 and exhibited 52 documents and on behalf of the Insurance Company NAW -1 C.P. Sharma was examined and insurance policy Exhibit -A/1 was produced.;