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 for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Sirohi (for short 'the Tribunal') vide impugned judgment and award dated 09.01.2004 passed in Claim Case No. 72/2003, whereby compensation in the sum of 52,000/- has been awarded in favour of the claimant/appellant.
(2.) Succinctly stated, the facts of the case are that on 23.10.2002 the claimant/appellant was going to Kalyan from Balrai via Sumerpur by Bus No. RJ-24-P-1427 of RSRTC. Near Krishna Restaurant, a Truck bearing No. RJ-19 G-2814 being driven by respondent No.1 in a rash and negligent manner, hit the aforesaid bus from front side, as a result of which, the claimant sustained several grievous and simple injury. In the claim petition, it was stated that on account of rash and negligent driving on the part of the driver of the offending vehicle accident took place.
(3.) No reply was filed on behalf of the respondent No.1 and 2. Respondent No.3-Insurance Company filed its reply denying the contents of the claim petition and admitting that the offending vehicle was insured with it from 18.01.2002 upto 17.01.2003. At the time of accident, the driver of the offending vehicle was not having the valid licence.;