1. In this appeal which has been filed against the judgment and award dated 19.7.2003 passed by the Judge, Motor Accidents Claims Tribunal, Neem Ka Thana, District Sikar, challenge has been made to the findings recorded by the learned Tribunal as against exonerating the insurance company from its liability and for enhancement.

2. Briefly stated the facts of the case are that the appellant-claimant filed a claim petition before the Motor Accidents. Claims Tribunal, Neem Ka Thana with the averments that the respondent No. 1 (since deceased) was the driver of jeep bearing No. RJ 23-0391 and in that jeep claimant was also travelling. But on account of rash and negligent driving by the jeep driver on 30.5.1997, the jeep turned turtle as a result of which the claimant sustained several injuries on his person. In all total claim of Rs. 10,00,000/- was claimed by the claimant before the learned Tribunal. The driver and the owner of the jeep filed written statement and denied that jeep was being driven on the day of incident in a rash and negligent manner. Respondent No. 3 insurance company raised several objections. An objection was also raised that the driver was not having valid