JUDGMENT

Dinesh Chandra Somanim, J. - 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 19.08.2011 passed by Motor Accident Claims Tribunal, Kishangarh, District Ajmer (hereinafter referred as "the Tribunal") in Claim Case No.131/2009 titled as Yogendra Singh Chaudhary v. Tej Ram & Ors., whereby the learned Tribunal has allowed the claim petition directing the non-claimant/respondent No.2 to 4 to deposit the awarded amount jointly and severally and awarded compensation of Rs. 9,25,120/- to the claimant/appellant, alongwith interest @ 6% per annum, provided the amount of compensation is deposited within two months, failing which, it will carry interest @ 9% per annum from the date of filing of the claim petition till payment.

2. Facts giving rise to this appeal are that on 09.01.2009, the claimant/appellant alongwith his brother, was going on motorcycle from village Jhalra to Kishangarh. Suddenly a Tractor bearing No.RJ-21-R-1264 came from opposite direction in wrong side and hit the motorcycle. The Tractor was driven by non-claimant No.1 Tej Ram in rash and negligent manner. As a result thereof, the claimant/appellant sustained grievous injuries on the left leg and on other parts of the body. An FIR was lodged at Police Station Kishangarh for the said accident. After investigation, the police filed charge-sheet against non-claimant No.1 Tej Ram in competent Court of law.

3. The claimant/appellant filed the claim petition for compensation of Rs. 5,19,45,000/-, stating therein that at the time of accident, the claimant/appellant was 23 years aged and he was working as Under Water Driver in Mauritius, and he was getting salary of 75 U.S. Dollars per day which comes to Rs. 1,12,500/- per month. It is also stated that due to accident, the claimant/appellant sustained grievous injuries, which resulted in amputation of left leg above the knee. The claimant/appellant sustained injuries on hand, head and eye also. On account of injuries, he sustained 85.33% permanent disability. The claimant/appellant incurred huge amount in his treatment and remained admit in several hospitals for long time. It is also stated that due to amputation of his left leg, the claimant/appellant suffered 100% loss of earning capacity as he is not able to do any work of Under Water Driver, which he was doing prior to the accident.

4. The non-claimant No.1 to 3 filed joint reply admitting fact of the accident, registration number of the Tractor involved in the accident, and names of driver, owner and insurer of the Tractor, as stated in the claim petition. The non-claimants denied other material averments of the claim petition and prayed to dismiss the petition against them.

5. The non-claimant/Insurance Company has filed separate reply and opposed the claim petition denying all the material averments of the claim petition. It is also stated that driver of the Tractor was not having valid and effective driving license at the time of the accident, therefore, the Insurance Company is not liable to pay any compensation to the claimant and prayed to dismiss the claim petition.

6. On basis of the pleadings of the parties, learned Tribunal framed as many as four issues.

7. In support of the claim petition, claimant examined himself as AW-1 and exhibited as many as 72 documents. Non-claimant/ respondents examined NAW-1 Ashok Mehta, NAW-2 Dharmendra and exhibited as many as nine documents.

8. After hearing learned counsel for the parties, learned Tribunal has decided issue No.1 in favour of the claimant/appellant and against the non-claimants, in the manner that the accident occurred due to rash and negligent driving of the Tractor by non-claimant No.1 and the claimant sustained injuries in the accident. Learned Tribunal decided Issue No.2 against the non-claimant/ Insurance Company in the manner that driver of the vehicle involved in the