ORDER 1. This order shall govern disposal of MA No. 1898/2009 as both the appeals are arising out of award dated 29.1.2009 passed by VIIth Motor Accident Claims Tribunals, Indore in Claim Case No. 04/2008 whereby claim petition filed by the appellant was allowed and compensation of Rs.1,00,000.00 has been awarded. 2. Grievance of the appellant in this appeal is that the amount awarded by the learned tribunal is on lower side while in MA No. 1898/2009 the grievance of the respondent No.2 is that respondent No.2 has wrongly been held liable for payment of compensation as the offending vehicle was being driven by respondent No.1 in violation of terms of policy. In this appeal it is submitted that appeal filed by the respondent No.2 be allowed and the respondent No.2 be exonerated. 3. After taking into consideration all the facts and circumstances of the case, this Court is of the view that looking to the injuries sustained by the appellant the amount awarded by the learned tribunal appears to be on lower side, therefore, the same is enhanced by Rs. 75,0000.00 which shall carry interest @ 8% per annum from the date of application. So far as appeal filed by respondent No.2 is concerned, since the appellant is 3rd party and the vehicle was insured with respondent No.2, which was, being driven by respondent No.1, therefore, respondent No.2 shall have the right to recover the amount from respondent No. 1 as the licence was not produced by respondent No.1 before the learned tribunal. If the right is exercised by respondent No.2 then the respondent No.1 shall be at liberty to demonstrate that at the relevant time, respondent No.1 was possessing the driving licence. The amount awarded shall be deposited by the Insurance Company with the learned tribunal and the learned tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellant in the Nationalized Bank and interest thereon shall be credited on monthly basis in S.B. Account of appellant. However, on an application by the appellant this condition could be modified by the learned tribunal in exceptional circumstances, if made out by the appellant. 4. With the aforesaid modification the appeal stands disposed of. 5. Copy of this order be kept in the connected Misc. Appeal. No order as to costs.
However, on an application by the appellant this condition could be modified by the learned tribunal in exceptional circumstances, if made out by the appellant. 4. With the aforesaid modification the appeal stands disposed of. 5. Copy of this order be kept in the connected Misc. Appeal. No order as to costs. Vijay Chouhan for appellant; R.J. Pandit and S.V. Joshi for respondent No. 3/Insurance Company.