Order

1. Leave granted.

2. Factual background of the case is that on 10th July, 2003, appellant was driving his mini truck No.MP 20 G-7705 towards Bargi along with one Ramesh Prajapati. When the mini truck reached Chulha Gulhai, a truck dumper bearing No.MP 18-6392 came from the opposite side, which was being driven in rash and negligent manner and hit the mini truck of the appellant with the result that the appellant sustained grievous injuries on his leg. He suffered three fractures including one at tibia. He was examined by the Medical Board. After examining the injuries, Board came to the conclusion that the appellant had suffered 45% permanent disability. Appellant was 29 years of age at the time of accident and was working as a driver and earning Rs.4,000/- per month.

3. FIR was lodged. A claim was also filed against the owner of truck dumper as well as the insurance company before the Motor Accident Claims Tribunal (for short the Tribunal) for compensation under Section 166 of the Motor Vehicles Act, 1998 (for short the Act), inter alia, stating that in the accident, appellant suffered fracture in his tibia and two other places. Appellant claimed Rs.8,20,000/- by way of compen