( 1 ) THIS M. F. A. is filed against the judgment and award dated 21. 9. 1999 passed in M. V. C. No. 459 of 1995 and the same has been referred by the Division Bench to the larger Bench by order dated 21. 9. 2001. As per order of the chief Justice dated 14. 3. 2002, this reference is before us on 18. 3. 2002.

( 2 ) THE facts leading to the order of reference are that on 7. 1. 1995 while returning from Bidar to Wanmar Palli near keppikari Cross, the jeep driven by one uttam Kumar collided with a lorry coming from the opposite direction driven in a rash and negligent manner and as a result of the accident Uttam Kumar sustained severe injuries. Thereafter, Uttam Kumar was admitted into hospital and he, for his treatment, incurred expenses. A claim petition in M. V. C. No. 459 of 1995 came to be filed. After issuing the notice and hearing the parties, the Addl. M. A. C. T. , Bidar awarded compensation of Rs. 36,250 with costs and interest at 6 per cent per annum from the date of filing of the petition till the date of realisation of the compensation amount. Uttam Kumar preferred an appeal seeking enhancement of compensation. Pending disposal of the appeal, Uttam kumar