ORDER
N.K. Mody, J.
1. Being aggrieved by the inadequacy of the amount awarded by 1st MACT, Mandsaur, in Claim Case No. 139/97 vide award dated 13.5.1998, whereby a sum of Rs. 25,000 has been awarded along with interest @ 12% per annum, the present appeal has been filed.
2. Learned Counsel for the appellant submits that breakup of Rs. 25,000 awarded by the learned Tribunal is as under:
Towards permanent disability : Rs. 15,000
Towards pain and sufferings : Rs. 5,000
Towards loss of income : Rs. 5,000.
3. It is submitted that appellant has sustained grievous injuries. There was permanent disability of 25% in the right knee of the appellant. There was deformity of femur bone in the right leg. It is evident from the statement of Dr. P.K. Upadhayaya, who was CMO in District Hospital at Mandsaur. It is submitted that amount awarded is at lower side. No amount is awarded towards medical expenses. Similarly no amount has been awarded towards expenses incurred by the appellant on other heads. It is also submitted that respondent No. 4 has been wrongly exonerated on the ground that driver of the vehicle was not having the proper licence. It is submitted that at the relevant time respondent No. 1 was driver, who was having the licence for light motor vehicles. Learned Counsel submits that respondent No. 1 was driver driving the transport vehicle, which was light motor vehicle.
4. Learned Counsel for respondent No. 4 submits that Insurance Company, respondent No. 4 has been rightly exonerated. It is submitted that amount awarded is just and proper as no medical bills of medical expenses has been filed by the appellant. It is also submitted that amount awarded as Rs. 15,000 towards permanent disability covers all the heads.
5. This Court has perused the record. It appears that respondent No. 4 has wrongly been exonerated. Since, respondent No. 1 was possessing licence and in view of law laid down in the case of Ashok Gangadhar Maratha v. Oriental Insurance Co. Ltd. , wherein the Hon’ble Apex Court has held that person driving at the time of accident authorised to drive only light motor vehicle and not transport vehicle cannot be said to be having no effective valid licence, insurer cannot escape liberty on ground of breach of policy by insured, the respondent No. 4 has been wrongly exonerated.
6. So far as amount of compensation awarded by learned Tribunal is concerned, looking to the injuries the amount awarded is at lower side. Appellant is further entitled for Rs. 20,000. The amount is enhanced from Rs. 25,000 to Rs. 45,000. The enhanced amount shall carry interest @ 6% per annum from the date of filing of the claim petition. Respondent No. 4 shall be jointly responsible for the entire amount of the award.
With the aforesaid modifications, appeal stands disposed of.
No order as to costs.