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, Rajsamand (for short 'the Tribunal') vide impugned judgment and award dated 30.04.2003 passed in Claim Case No. 102/2002, whereby compensation to the tune of Rs. 57,800/- has been awarded in favour of the claimant/appellant.
(2.) Briefly stated the facts of the case are that the claimant filed a claim petition with the averment that on 30.09.2001 while he was waiting at the Bus Stand of Nathdwara for catching a bus for Rajnagar, the respondent no.1 while driving his Truck No. GJ 6/V 6011 rash and negligently hit the claimant resulting in grievous injuries including fracture and 15% disability. As per claim petition, the claimant was 40 years of age earning Rs.3,000/- per month by doing labour work and claimed a sum of Rs. 6,19,000/- as compensation.
(3.) Learned tribunal issued notices to the non-claimants. Non-claimants No.1 and 2 did not file any reply and proceedings were conducted ex parte. Non-claimant no.3 insurance company filed reply and stated that the accident was caused due to negligence of the claimant as he was crossing the road without noticing the truck. It was further stated that the owner of the vehicle did not inform the insurance company and further the driver was not having valid licence for driving the vehicle and therefore, insurance company cannot be held liable for payment of compensation and prayed for dismissal of the claim petition.;