( 1. ) ARGUMENTS heard on merits. Order dictated in open Court. This order shall also govern the disposal of M. A. No. 1251/2005 as both the appeals are arising out of one award dated 14-12-2004 passed by Member, mact, Indore in Claim Case No. 291/2004 whereby the claim case filed by appellant was allowed and a sum of Rs. 31,000/- was awarded as compensation on account of injuries sustained by appellant. M. A No. 1529/2005 is filed by appellant for enhancement while M. A. No. 1251/2005 is filed by respondent no. 3 wherein liability of respondent No. 3 is challenged.

( 2. ) SHORT facts of the case are that appellant filed a claim case alleging that on 29-7-2003 appellant was going on his Scooty at about 4. 00 p. m. It was alleged that at that time a motor-bike bearing registration No. MP-09/jv/8215, which was driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 came from other side and dashed the vehicle of appellant with the result appellant sustained fracture of shoulder and also sustained fracture of humerus bone in left hand. Appellant was hospitalized from 29-7-2003 to 30-7-2003. Permanent disability was upto the extent of 20%. Learned