DINESH CHANDRA SOMANI,J. - (1.) The instant appeal under section 173 of The Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant-appellant against the judgment and award dated 28.06.2011 passed by Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred as "the Tribunal") in Claim Petition No.1001/2007 titled as Manoj Kumar v. Narpat Singh and Anr. , whereby the learned Tribunal has awarded compensation of Rs. 1,15,000/- to the claimant-appellant along with interest @ 6% per annum from the date of filing of the claim petition.
(2.) Skeletal material facts necessary for disposal of this appeal are that the claimant-appellant filed a claim petition under section 166 of Motor Vehicles Act, 1988 for compensation of Rs. 3,95,000/- before the Motor Accident Claims Tribunal, Jaipur City, Jaipur stating therein that on 10.02.2007, the claimantappellant was going on his Motor-Cycle No.RJ 14-5M-7404 and on that day at about 12.30 in the noon, a Truck No.RJ-14-GA-9758 driven rashly and negligently by it's driver non-claimant No.1 came from opposite direction and hit the Motor-Cycle. Because of the hit, the claimant-appellant sustained serious injuries. It is also pleaded that after the accident, the claimant was brought to S.K. Soni Hospital, where he took treatment. It is also pleaded that at the time of accident, the claimant-appellant was 23 years aged, he was working with Zandu Pharmaceuticals Ltd., he was getting salary of Rs. 10,000/- per month and prayed to award compensation of Rs. 3,95,000/- in different heads.
(3.) Non-claimant/respondent No.1 did not choose to appear and to file written statement despite service, therefore, ex-parte proceedings were drawn against him. Non-claimant/respondent No.2/Insurance Company opposed the claim petition by filing the reply thereof, stating therein that driver of the insured vehicle was not having valid and effective driving licence at the time of the accident and thereby breached conditions of the insurance policy, therefore, the Insurance Company is not liable to pay the compensation to the claimant-appellant and prayed to dismiss the claim petition against her.;