Oral Judgment :

1. The issues involved in this appeal are income of deceased is considered on higher side and there was breach of terms and conditions of the insurance policy.

2. It is contention of learned counsel for the appellant-Insurance Company that at the time of accident, the license of the rider of the offending vehicle was not traceable, therefore, he was charge-sheeted for committing offence under Section 3/181 of the Motor Vehicles Act, 1988 but this fact is not considered by the Tribunal. Learned counsel further submitted that the amount of Rs.16088/- for medical expenses is considered without any evidence on record. Learned counsel submitted that the Tribunal should have passed pay and recovery order as there was breach of terms and conditions of insurance policy. Hence, requested to allow the appeal.

3. It is contention of learned counsel for respondent No.1/claimant that claimant is suffering from 55% permanent physical disability due to accidental injuries. A doctor was examined to prove the disability. Due to accidental injuries, the claimant has lost vision of his left eye. Learned counsel further submitted that no witness was examined by the appellant-insurance com