ORDER Heard learned Counsel appearing on behalf of the Oriental Insurance Company Ltd. and also on behalf of the claimants. 2. The claimant sustained grievous injury in the accident, which occurred on 15th December, 2006 at Bus Stand, Jori with Mini Bus bearing No. JH02 F4094. 3. The claimant sustained 40% disability. His right leg has been fractured. He was under treatment for 14 days and the Claim Tribunal concluded that the claim towards medical expenditure of Rs.75,000/ was an excess amount and the actual amount was only Rs.11,761/. On the ground of permanent disability, the Tribunal awarded a lumpsum amount of Rs.4,00,000/ and after addition of the amount of Rs.11,761/ towards medical expenditure, the total amount was Rs.4,11,761/. 4. Arguments advanced on behalf of the Insurance Company is that the amount is too excessive. The claimant was running a shop of readymade garments at the time of accident. The driving licence was also invalid but the Claim Tribunal completely failed to appreciate this aspect and has awarded an excess amount. 5. The specific assertion is that the driving licence was not valid and therefore, the vehicle was driven against the terms and conditions of the Insurance policy. 6. After hearing the respective Counsel, I am not inclined to interfere with the findings recorded by the Claim Tribunal on the face of it appears to be justified. It is only the case of accident where the leg was fractured. It has also not come on record that the claimant was impaired physically and therefore, the amount is excessive. 7. Submission of the learned Counsel appearing on behalf of the appellant is that the amount is only for fracture or 40% disablement due to fracture specially in a case where the nature of job of the claimant does not involve any physical exercise or runing about but he is only 8. sitting in the shop and doing business. Admittedly, the amount appears to be in excess. Thus the amount of Rs.4,11,461/ is reduced by 1,00,000/. The cash amount shall be paid by the Insurance Company within a period of two months from today to the claimants. Learned Counsel appearing on behalf of the Insurance Company has made a prayer that since the vehicle was being driven against the policy and valid licence was not possessed by the driver, therefore, right of recovery from the owner is available to the Insurance Company. Learned Counsel appearing on behalf of the Insurance Company has made a prayer that since the vehicle was being driven against the policy and valid licence was not possessed by the driver, therefore, right of recovery from the owner is available to the Insurance Company. 9. This appeal is partly allowed.