The burden of proof for the fact that the driver of the offending vehicle did not have a valid license is on the insurance company.

( 1 ) APPELLANT-CLAIMANT has preferred this appeal under section 173 of motor Vehicles Act, 1988 (hereinafter referred to as 'm. V. Act' for brevity), feeling aggrieved by the quantum of compensation amount awarded by the Second Additional motor Accidents Claims Tribunal, Damoh in Motor Claim Case No. 278 of 1997 dated 24. 7. 1999 whereby the Claims Tribunal has awarded rs. 1,02,000 as compensation amount in favour of the appellant for the grievous injuries sustained by him in a motor accident.

( 2 ) BRIEF facts of the case which are necessary for disposal of this appeal are that on 16. 1. 1989 the appellant-claimant was travelling in a car bearing No. CIK 43 along with 5-6 passengers, he was going to Jabalpur from Sagar. The aforesaid car was driven by K. V. Vishwakarma who also died in this accident. The said car had been dashed by bus No. CPV 2590 going to Gadagkota to Damoh. The aforesaid bus was driven by respondent No. 2 rashly and negligently. The owner of the aforesaid bus was respondent No. 1, later on it was transferred to respondent No. 7. The concerned bus was insured with respondent No. 3. The concerned car in which the appellant was travelling was owned by respondent no. 4 and insured with respondent No. 6. In this accident the appellant had sustained grievous injuries on his femur bone of both legs, serious injury on head due to which the appellant remained in coma for 10 days and fracture and dislocation in the mandible bone by which the appellant could not speak for two months, compound fracture in left hand, fracture in collar bone, fracture in tibia and fibula bone in the right leg. The appellant-claimant was immediately admitted in Jabalpur Medical College for treatment; for the aforesaid injury and thereafter referred to Nagpur and he was treated by Dr. G. M. Tawry, neurosurgeon at Nagpur for nearabout 2 months. Because of these injuries the appellant had suffered 50 per cent to 60 per cent permanent disablement on his right leg which became short by 1", causing great difficulty in walking. On these allegations, appellant-claimant had filed the claim petition under section 166 of the M. V. Act against the respondents before the Claims Tribunal at damoh. After hearing both the parties the learned Member of Claims Tribunal vide impugned award dated 24. 7. 1999 awarded the compensation amount of Rs. 1,02,000 only against the respondent Nos. 1, 2 and 7 and exonerated the insurance company of the bus, i. e. , respondent No. 3 and also held that there is no contributory negligence on the part of the driver of the concerned car in which the appellant was travelling and dismissed the claim petition against the respondent Nos. 4 and 6. Feeling aggrieved by the aforesaid findings of the Claims tribunal with regard to inadequacy of the compensation amount as well as the findings with regard to the exoneration of the insurance company, i. e. , respondent No. 3; the appellant-claimant has preferred this appeal.

( 3 ) RESPONDENT Nos. 1 and 2 remained absent after due service of notice of this appeal. Learned counsel for the respondent nos. 3 and 6 has supported the impugned award passed by the trial court and prayed for the dismissal of this appeal.

( 4 ) ARGUMENTS heard, record perused.

( 5 ) LEARNED counsel for the appellant submits that the Claims Tribunal has erred in holding that driver of the concerned bus, respondent No. 2, was not having valid licence to drive concerned vehicle, therefore, the insurance company is not liable to satisfy the award. While neither this plea has been taken in written statement submitted by respondent No. 3 nor any evidence has been led by respondent No. 3 before the trial court, therefore, the aforesaid finding of the trial court is erroneous and the insurance company, respondent No. 3, is also liable to satisfy the award. Similarly, it is also submitted by the appellant that the appellant-claimant had suffered many grievous injuries in this accident and also sustai