JUDGMENT

N.P. Singh, J.-Leave granted.

2. The appellant while going on road on 4.12.1990 became victim of an accident, because of the rash and negligent driving of the scooter by respondent No. 1 (hereinafter referred to as the respondent ). The appellant suffered serious injuries and was admitted in Badwah Hospital, the same day. On 7.12.1990 he was shifted to M.Y. Hospital, Indore and was treated as an indoor patient till 27.9.1991. Because of the accident the appellant became permanently disabled, as his left leg above thigh and hip had been fractured. He also lost his services as a Driver. The claim petition for compensation was filed before the Additional Motor Accident Claims Tribunal, Badwah (hereinafter referred to as the Tribunal ) on 7.12.1991 along with an application for condonation of delay which was of four days only. The Tribunal by its order dated 18.11.1993 condoned the delay in filing the claim petition. The validity of the said order was challenged by the respondent before the High Court of Madhya Pradesh at Jabalpur. The High Court by its order dated 31.7.1995 set aside the order of the Tribunal aforesaid condoning the delay saying that in view of sub-se