1. Appellant-claimant is aggrieved by the judgment and award dated 9th April 1999 delivered by learned Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 28 of 1995.

2. Briefly stated, it is the case of claimant/appellant Vilas Bagde that he had prayed for compensation in view of Section 163A of the Motor Vehicles Act from respondents jointly and severally in respect of motor vehicle accident occurred on 23.1.1995 at about 07.30 am in front of house of Dr Rathor, LIC Colony, Nagpur when claimant Vilas was serving as a constable and was attached with Ajni Police station and he was going to attend his duty by his scooter. He was dashed by Jeep bearing No. MH-31/H-1259 due to which claimant fell down and sustain ED compound shaft femur left. The claimant was admitted in the Medical College & Hospital, Nagpur and took treatment for about twenty days before he was discharged on 12th February 1995. He also underwent operation of his leg and rod was inserted in his leg and wiring was also done. Appellant had to take private medical treatment in Dr Lavange's Hospital. His permanent disability was assessed at 45% by doctor. At the time of accident, appellant was age