JUDGMENT : ANAND PATHAK, J. 1. With consent, heard finally. 2. Appellant/claimant has filed appeal under section 173(1) of Motor Vehicles Act, 1988 being aggrieved by impugned award dated 3/5/2010 passed by learned Fourth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 121/2008 for the injuries received by the appellant in road accident dated 9/2/2008. The Claims Tribunal has awarded a total compensation of Rs. 38,419/- along with interest at the rate of 6% per annum to the appellant. The liability to pay amount of compensation has been fastened over the respondents No. 1 and 2/ driver and owner of the offending vehicles. 3. The appellant has preferred the present appeal for enhancement of the amount of award as according to him, the amount of compensation so awarded by the Claims Tribunal is inadequate. 4. Precisely stated facts of the case are that on 9/2/2008 while appellant was standing near Thatipur Mosque for crossing the road, it is alleged that respondent No. 1 driving the Tempo No. M.P. 07-T-4479 rashly and negligently hit the appellant due to which he sustained fracture in his right leg and also received injuries on his other parts of the body. Report to this effect has been lodged at crime No. 95/2008 at Thatipur Police Station for an offence under Section 279 and 337 of the IPC. Later on offence under Section 338 of IPC was also added and thereafter challan was filed. 5. Learned counsel for the appellant submits that appellant has sustained fracture in right leg in the aforesaid incident for his he has undergone an operation and sternal fixture has been put in his broken bones. After opening of plaster his right leg became weak and thinner and now he is unable to do even his daily works properly and also unable to do any job with proficiency. Therefore, the impugned amount of compensation awarded by the Claims Tribunal to the tune of Rs. 38,419/- is on the lower side. The break-ups of aforesaid amount is as under:- Physical and mental pain Rs. 15,000/- Special diet Rs. 5,000/- Loss of income Rs. 5,000/- Medical bills Rs. 11,019/- Attender charges Rs. 2,400/- Total Rs. 38,419/- 6. Therefore, the impugned amount of compensation awarded by the Claims Tribunal to the tune of Rs. 38,419/- is on the lower side. The break-ups of aforesaid amount is as under:- Physical and mental pain Rs. 15,000/- Special diet Rs. 5,000/- Loss of income Rs. 5,000/- Medical bills Rs. 11,019/- Attender charges Rs. 2,400/- Total Rs. 38,419/- 6. Learned counsel for the appellant further argued that learned Claims Tribunal has fastened the liability of payment of amount of compensation on driver and owner of the motor vehicle on the ground that driver of the vehicle was having licence of driving two wheeler and light motor vehicles on the date of incident and therefore he was not having valid driving licence to drive the tempo, a transport vehicle, and therefore, liability has been fastened. Learned counsel for the appellant has referred to a decision of Hon'ble Apex Court in the matter of Mukund Dewangan v. Oriental Company Limited (Civil Appeal No. 5826 of 2011 decided on 3/7/2017). 7. On the other hand, learned counsel for respondent No. 3- Insurance Company argued in support of impugned award and submitted that amount of award so awarded by the learned Claims Tribunal is just and proper and do not warrant any interference. As regard liability, he argued that a transport vehicle (Tempo in the present case) does not come under the light motor vehicle and policy does not cover the same. A special endorsement to drive transport vehicle of such class is required in the licence and in absence of such endorsement, the Claims Tribunal has rightly fastened the liability for payment of compensation over the respondents No. 1 and 2/driver and owner of the offending vehicle. 8. Heard learned counsel for the parties. 9. As regards case of the appellant for enhancement of the award is concerned, from perusal of medical papers and evidence adduced by the parties, it appears that appellant suffered injuries to a great extent and his confinement to bed and home is also evident, therefore, Claims Tribunal has ignored that additional Rs. Seventy Thousand towards different injuries, which needed to be enhanced, therefore, Rs. Seventy Thousand in lump sum towards injuries and their treatment deserves to be enhanced and is hereby enhanced. Similarly, Rs. Seventy Thousand towards different injuries, which needed to be enhanced, therefore, Rs. Seventy Thousand in lump sum towards injuries and their treatment deserves to be enhanced and is hereby enhanced. Similarly, Rs. 10,000/- is required to be enhanced for loss of earning for other three months because the appellant confined to bed and home for a period of six months whereas Claims Tribunal has awarded compensation under the head of loss of earning only for two months, therefore, same amount of Rs. 10,000/- for another three months for which appellant confined to bed and home is hereby enhanced. Thus, in total, appellant shall be liable to receive an enhanced compensation to the extent of Rs. 80,000/- (Eighty Thousands only) in addition to the amount of award already awarded to the appellant. The enhanced amount of award shall carry interest at the rate of 6% per annum from the date of application. 10. As regards the question of liability is concerned, Hon'ble Apex Court in the matter of of Mukund Dewangan (supra) in para 46 (iv) has as under:- "(iv) The effect of amendment of Form 4 by insertion of "transport vehicle" is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving licence for transport vehicle of class of "light motor vehicle" continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect." In light of such legal pronouncement, there remain no cavil of doubt that finding as regards liability so arrived at by the Claims Tribunal is perverse and therefore same requires to be interfered. 11. In the result, this appeal is allowed is part and the amount of compensation as awarded by the Claims Tribunal to the extent of Rs. 38,419/- is further enhanced by a sum of Rs. 80,000/- along with interest, that means appellant shall be entitled to receive a total compensation of Rs. 1,18,419/- (Rs. 11. In the result, this appeal is allowed is part and the amount of compensation as awarded by the Claims Tribunal to the extent of Rs. 38,419/- is further enhanced by a sum of Rs. 80,000/- along with interest, that means appellant shall be entitled to receive a total compensation of Rs. 1,18,419/- (Rs. One Lac Eighteen Thousand Four Hundred Nineteen only) and as regard liability part is concerned, same is fastened over the respondent No. 3 Insurance Company and respondents No. 1 and 2/driver and owner of the offending vehicle are hereby exonerated from the said liability. Insurance Company is directed to make the payment of entire awarded amount to appellant within a period of three months from today along with interest at the rate of 6% per annum failing which the amount of award shall carry further interest at the rate of 6% after the said stipulated period. 12. Appeal is allowed in part to the extent indicated here-in-above.