ARUN BHANSALI,J. - (1.) This appeal is directed against the judgment and award dated 19.09.2000 passed by the Motor Accident Claims Tribunal, Dungarpur ('the Tribunal'), whereby the Tribunal has awarded compensation to the tune of Rs. 1,00,000/- to the claimant for the injuries suffered by him.
(2.) The application for compensation was filed by the injured Govind Ram, inter alia, with the averments that on 25.09.1996, when he was travelling in Bus No. RJ-02/P-0217, the same was being driven rashly and negligently by driver of the Bus, resulting in gate of the Bus opening and he fell out of the Bus and suffered fractures in both the legs. Based on the said averments, compensation to the tune of Rs. 6,50,300/- was claimed. The application was resisted by the driver and owner by filing reply and claiming that plea regarding accident is incorrect. In the additional pleas, it was stated that the claimant might have tried to latch on to the back of the Bus and was not sitting in the Bus and, therefore, the non-claimants were not liable for payment of compensation.
(3.) The Insurance Company also filed its reply and stated that as the driver was not in possession of valid driving licence, for violation of policy conditions, the Insurance Company was not liable for payment of compensation.;