Vineet Kothari, J. - (1.) THE appellant/claimant, Surya Bhan Singh, has filed the present misc. appeal under Section 173 of the Motor Vehicles Act, 1988, against the order dated 14.01.2005 passed by learned Judge, Motor Accident Claims Tribunal, Bhilwara, in M.A.C. Case No. (38) 155/2004 (315/2001) - Surya Bhan Singh v. Bheem Singh & Ors., whereby the learned Tribunal has awarded compensation to the appellant/claimant to the tune of Rs. 4,50,000/ - on account of injuries suffered by the appellant/claimant in an accident, which took place on 09.02.2001 and has prayed for enhancement of the compensation.
(2.) THE relevant findings of the learned Tribunal about injuries etc. are quoted herein below for ready reference: - The appellant/claimant has filed the claim petition claiming compensation on account of injuries suffered by him in an accident took place on 09.02.2001 in the night at about 12 -01.00 AM when the claimant/injured along with companions was returning after taking dinner at Ajmer Road, Near Octori "Naka" in his Maruti Car No. DBG -5143, which was being driven by the claimant/injured himself. When the said Maruti car reached near Lohiya Automobiles, a Mini Truck which coming from front side, and was plied by its driver rashly negligently, hit their car and the steering of the car hit in the stomach of the injured and the car also got damaged completely. The other companions also received various injuries. Claimant/injured sustained fracture in both the thighs and also received other injuries. At the time of accident, the offending Mini Truck was insured with the respondent No. 3 - National Insurance Co. Ltd. and the respondent driver was plying the said truck in the employment of respondent No. 2, therefore, all the respondents/non -claimants were liable to be pay compensation jointly and severally. The claimant/injured by filing the claim claimed compensation to the tune of Rs. 13,15,000/ - for the injuries suffered by him.
(3.) THE name of the respondent No. 1/driver was deleted. On behalf of respondent No. 2/owner and respondent No. 3 - National Insurance Co. Ltd., separate replies to the claim petition was filed while denying the averments made in the claim. The respondent No. 3 - Insurance Company took the plea that the driver of the Mini Truck was not having the valid and effective licence at the time of accident and, therefore, it was not liable to pay any compensation.;