JUDGMENT

K.G. Balakrishnan, J.-The claimant in a motor accident claim case is the appellant before us. The appellant was driving a Fiat car through National Highway No.8 on 7th February, 1976, on his way to Surat from Ahmedabad and when the car reached near Ankleshwar, a truck bearing registration No. GTC 4735 came from the opposite side at excessive speed and the car driven by the appellant hit the right side of the said truck and collided with the rear right-side wheels of the truck. The truck, which was loaded with goods, toppled over to its right side and came to a halt at a distance of about 20 feet. As a result, the appellant, his wife and another friend, who were occupants of the car, sustained injuries. They preferred claim petitions before the Motor Accidents Claims Tribunal. The three claim petitions were tried jointly and the claims preferred were allowed. In this appeal, we are only concerned with the claim petition preferred by the appellant. The appellant had claimed a total compensation of Rs. 9,98,500 and the entire claim was allowed. Against that award, the respondent Insurance Company filed an appeal before the High Court of Gujarat at Ahmedabad and in the appeal,