JUDGMENT

V. Gopala Gowda, J.

Leave granted.

2. This appeal has been filed by the appellant against the judgment and order dated 24.01.2013 passed in M.A No. 3414 of 2010 by the High Court of Madhya Pradesh at Indore, wherein the High Court partly allowed the appeal of the appellant by modifying the award passed by the MACT, Mandsor, M.P, in claim case No. 3 of 2009 dated 29.07.2010

3. The relevant facts of the case are stated as under:

On 12.11.2008 at about 6.30 p.m, Jakir Hussein, the appellant herein, was driving a Tempo bearing registration No. MP-14-G-0547 from Krishi Upaj Mandi, Mandsor to Multanpura village, Madhya Pradesh. A few others were also riding along with the appellant, namely, Santosh, Kumari Krishna, Smt. Paipa Bai etc. While the appellant was on the way, a tractor bearing registration No. MP 14-K- 4886 which was driven by Sabir-respondent no. 1 herein, in rash and negligent manner hit the appellant's tempo which was coming from the opposite direction with enormous force. Due to the impact of the accident, the appellant sustained grievous injuries. The right arm of the