ORDER

Present miscellaneous appeal under Section 173 (1) of the Motor Vehicle Act is filed against the award dated 21/3/2014 passed by XI Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 56/2013 by which the Insurance Company has been exonerated from the liability of compensation.

2. The necessary facts for the disposal of the present appeal in short are that on 30/1/2012 when appellant/injured was going on his motor cycle from J.A.Hospital to Police Station Madhoganj, the driver of offending vehicle by driving it in a very rash and negligent manner, dashed the motorcycle of appellant, due to which he sustained grievous hurts in right shoulder and right leg. Therefore, he filed a claim petition before the Claims Tribunal claiming total compensation of Rs.9,60,000/- from the respondents in different heads. 3. Respondent No. 3 / Insurance Company appeared before the learned Tribunal and filed its written statement and denied each and every content made in the claim petition. Insurance company has also taken the defence that at the time of accident, the offending vehicle was being run in violation of terms and conditions of the insurance policy without valid permit, hence, insurance company is not liable to pay the compensation amount.

4 . Learned Claims Tribunal framed issues and recorded the evidence produced by the parties and after hearing both the parties partly allowed the claim application and awarded the sum of Rs.72,218/- and while exonerating the Insurance Company from liability of payment of compensation amount, fixed the liability of payment of compensation amount on driver and owner of the offending vehicle with interest @ 7% per annum from the date of application. .

5. Learned counsel for the appellants / claimants submitted that that the injuries sustained by the appellant were grievous in nature. It is also submitted that on account of grievous injuries, the injured sustained permanent disablement, however the Tribunal has committed an error in not recording the said finding. He could not have performed the work properly during or after the treatment, and earn the means which he was earning prior to the accident.

He further submits that the compensation awarded by the learned Tribunal is inadequate, without looking to the permanent disablement or the grievous injuries sustained, hospitalization, medical bills and the loss of earning during treatment and future loss of earning. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for. It is further submitted that in light of catena of decisions of Apex Court, the insurance company is liable to pay the compensation, which can be recovered from respondents No. 1 and 2 as if any breach of terms and conditions of insurance policy has been committed, then it is a matter between the owner, driver and the insurance company. The claimants being third party should not be punished, therefore, burden lies on respondent No. 3 / insurance company to pay the compensation amount. Hence, the finding with respect to the exoneration of the insurance company from its liability is liable to be set aside.

6. Per contra, the appeal is vehemently opposed by the counsel for respondent No. 3 / Insurance company. Learned counsel for respondent No.3/Insurance Company did not opposed the quantum of compensation awarded by learned Tribunal and supported the award submitting that respondent No.3 / Insurance Company has rightly been exonerated and prayed for dismissal of appeal.

7. Heard the learned counsel for the parties and perused the material available on record.

8.After having heard learned counsel appearing for the parties and on perusal of the pleadings and the evidence so adduced, in the opinion of this Court, the finding dis-believing the permanent disability as recorded by the Tribunal appears to be just and proper. Considering the nature of injuries, treatment papers and its period