( 1. ) THIS appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 21-1-2004 passed by Second Addl. Motor Accident Claims Tribunal, Gadarwara, District Narsinghpur in Claim Case No. 10/2003.

( 2. ) THE claimant filed the claim petition with respect to the injuries sustained by him in an accident dated 9-11-97 which took place at about 11 a. m. when claimant Netram along with Tarachand and other persons after hiring jeep for a sum of Rs. 500/- from the owner of the jeep Shri Vijay Kumar, was going from Gadarwara to have Darshan "banjari Mata temple situated at Kareli, Narsinghpur". Due to rash and negligent driving of Ramgopal, driver of the jeep, and to save a cyclist the jeep turned turtled, appellant sustained injuries and Tarachand died. Claimant suffered the fracture of clavicle bone and owing to the injuries sustained, his spleen was removed. He was admitted in Govt. Hospital, Narsinghpur. He remained at Govt. hospital from 9-11-97 till 11-12-97. His spleen was punctured, life saving operation was done. Claimant was lucky to survive. He could not resume the duty for about 6 months. The claimant was vegetable commission agent and was also owner of truck (M. P. No. 20-H/1067) was an income-tax payee and for the assessment year 1996-97,1997-98 and 1998-99, his income was assessed Rs. 77,120/-, 72,960/- and Rs. 59,485/-respectively. Claim petition was preferred as against the owner, driver and insurer of the jeep claiming compensation of Rs. 9,98,633/ -. Report of the incident was lodged at P. S. Narsinghpur. Offence was registered under Sections 379, 337 and 304 of the IPC and charge-sheet was filed as against Shri Ramgopal, driver of the jeep in the Court of JMFC, Narsinghpur.

( 3. ) OWNER and driver in their written statement denied the averments made in the claim petition. It was averred that liability, if any, is that of the insurer as the vehicle was duly insured. The driver contended that jeep was driven at the speed of 40 kms per hour. All of a sudden, cyclist came in front of the jeep, hence, it turned turtle; he was not negligent.

( 4. ) INSURER in the written statement contended that Tarachand dashed the jeep. Tarachand and Yeshwant Singh were on Hero Honda motor-cycle, owing to which jeep turned turtle. Jeep was not to be used for taxi purpose for hire and reward; it was insured only for private use; as such the insured has violated the terms and conditions of the insurance policy.

( 5. ) THE Claims Tribunal has found that accident took place owing to rash and negligent driving of Shri Ramgopal. The Claims Tribunal has further found that injuries were sustained, however, incurring of permanent disability has not been established. Issue No. 2 that spleen was damaged, has been found to be established in part. The Claims Tribunal has further found that the vehicle was used as a taxi; it was hired by deceased Tarachand, hence, the insurer has been given liberty after making the payment of compensation to the claimant to realize from insured. The Claims Tribunal has awarded compensation of Rs. 10,000/- along with interest at the rate of 9% per annum from the date of filing of claim petition; in case award is not satisfied, within 2 months, the interest shall carry the rate of 10% per annum. Dissatisfied with the award, the claimant has preferred the appeal for enhancement of compensation whereas owner/respondent No. 1 Shri Vijay Kumar has preferred the cross-objection as against the liberty given by the Claims Tribunal to the insurer to recover the amount from the insured in Para 17 of the award.

( 6. ) SHRI Nitin Agrawal, learned Counsel for the claimant, has submitted that the spleen of claimant was removed. He has suffered fracture of left clavicle bone. Claimant was admitted in Govt. hospital for more than a month; due to the life saving surgery which was performed for removal of spleen. Removal of spleen is serious kind of disability suffered by the claimant. Surgi