GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimant/appellant through his natural guardian father Babu Ram for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Abu Road (for short 'the Tribunal') vide impugned judgment and award dated 10.06.2008 passed in Claim Case No. 84/2004, whereby compensation in the sum of L 11,000/- has been awarded in favour of the claimant/appellant.
(2.) Succinctly stated, the facts of the case are that the natural guardian of appellant Prakash filed a claim petition before MACT, Abu Road with the averments that on 04.05.2004 his son Prakash was taking bath in Goomti River, at that time respondent No.1, who was driving car bearing No.RJ19-T-0873 rashly and negligently, lost the control over the car, due to which car turtled into the river, over the appellant Prakash, consequent to which he sustained simple and grievous injuries.
(3.) Respondent No.1 filed reply stating that the accident was not occurred due to his negligence and prayed for dismissal of claim against him. Respondent No.2 remained absent and ex-parte proceedings were initiated against him. Respondent No.3 Insurance Company filed its reply denying the contents of the claim petition and stating that the accident was occurred due to the negligence of the appellant himself. At the time of accident, the driver of the offending vehicle was not having a valid licence, therefore, the respondent Insurance Company is not at all liable to pay compensation and hence prayed for dismissal of the claim.;