S.G. Shah, J.

1. Heard learned advocate Mr. Tushar L. Sheth for the appellant and learned advocate Mr. Rajni H. Mehta for the respondent. Perused the record and proceedings, which includes oral, as well as, documentary evidence produced before the tribunal.

2. The appellant herein is original claimant and victim of road accident, whereas respondent No. 1 is driver-cum-owner of the vehicle in question and respondent No. 2 is insurer of the vehicle in question.

3. This appeal is mainly restricted on the point of liability of insurance company only and, thereby, when there is no dispute with regard to incident and privity of contract between respondent Nos. 1 and 2 in the form of insurance policy, so also there is no issue raised by either of the parties regarding quantum of compensation which is determined by the tribunal by the impugned judgment, except for referring the details, which is necessary to decide the liability of insurance company, other details are not material and, therefore, not reproduced or discussed herein, more particularly when all such information is well described, both, in pleadings and impugned award.

4. It is undisputed fact that appellant was injured