JUDGMENT

Urmila Joshi-Phalke, J. -  By preferring this appeal, appellant who is original claimant claiming enhancement of the compensation which is awarded by the Motor Accident Claims Tribunal, Amravati in M.A.C.P. No.169 of 2000 decided on 30.01.2008.

2. Facts leading to file this appeal may be stated briefly as under:

On 21.02.2000, appellant was travelling on Scooter as a pillion rider, one Gupta was riding the Scooter and one another person was sitting in the middle. They were proceeding by Amravati Road towards market. At the relevant time, one TATA Sumo bearing No. MH-27-D-511 came from the Amravati side and was proceedings to Chandurbazar was driven by its driver in excessive speed, in rash and negligent manner without observing the traffic rules and dashed against the Scooter. Due to the said dash, appellant sustained grievous injuries like fracture injuries. Due to the said accidental injuries, he had sustained 40% of permanent disablement. As per the contention of the appellant, said accident took place due to the rash and negligent driving of TATA Sumo driver which is owned by opponent No.2 and validly insured with the opponent No.3 vide policy No.1218831. As the said acci