( 1 ) FIRST Appeal No. 1519 of 1979 is filed by the Oriental Fire and General Insurance Company having its office at New Delhi, under Section 110-A of the Motor Vehicles Act, 1939 against judgment and award dated February 16, 1979, rendered by the Motor Accident Claims Tribunal No. I, Vadodara, in Motor Accident Claim Application No. 207 of 1976, by which the said Insurance Company and the respondent Nos. 2 and 3 are directed to pay a sum of Rs. 1,20,750. 00with proportionate cost and interest at the rate of 6% per annum from the date of application till payment, as compensation to the respondent No. 1. FIRST Appeal No. 198 of 1980 is filed by the original claimant under Section 110-A of the Motor Vehicles Act, 1939, for enhancement of compensation awarded by the Motor Accident Claims Tribunal No. I, Vadodara vide its judgment and order dated February 16, 1979, in Motor Accident Claim Application No. 207 of 1976, as the claim of the appellant to direct the respondents to pay a sum of Rs. 3,00,000 (Rupees Three Lakhs only) with proportionate cost and interest from the date of application is rejected and the respondents are directed to pay a sum of Rs. 1,20,750. 00with proportionate cost and interest at the rate of 6% per annum from the date of application till payment, as compensation, to him. As both the appeals arise out of common judgment and award rendered in Motor Accident Claim Application No. 207 of 1976, they are being disposed of by this common judgment.

( 2 ) THE appellant of First Appeal No. 198 of 1980 was driving his motor-cycle with his father on the pillion seat on May 30, 1976. He was approaching the cross-roads near the Post Office at Fatehganj in the city of Vadodara. He had slowed down and sounded horn before entering the road. However, all of a sudden, the respondent No. 2 came with the truck in an uncontrollable speed rashly and negligently and dashed against the appellants motor-cycle. The appellant and his father were injured. The injuries sustained by the appellant were serious in nature. The motor-cycle was also damaged. The appellant had to remain as an indoor patient at the SSG Hospital, Vadodara for 40 days. For better treatment, he was shifted to Jaslok Hospital, Bombay and thereafter to Parsi General Hospital, Bombay where number of major operations were performed upon him. According to the appellant, he was required to spend a sum of Rs. 25,000. 00for his medical treatment and Rs. 25,000. 00 for conveyance etc. The appellant was a permanent employee of the Central Bank of India and was likely to be promoted to the post of officer in the said Bank. What was claimed by the appellant was that he was likely to be permanently disabled and his marriage prospects were also adversely affected. Under the circumstances, he instituted Motor Accident Claim Application No. 207 of 1976 before the Motor Accident Claims Tribunal No. I at Vadodara and claimed a sum of Rs. 3,00,000 (Rupees Three Lacs only) as compensation with interest and costs.

( 3 ) ON service of summons, the respondent No. 1 filed his written statement at Exh. 25 controverting the averments made by the appellant in his claim petition. What was averred by the respondent No. 1 in his reply was that the appellant himself was rash and negligent in driving his motor-cycle and, therefore, he was not entitled to get the compensation. No written statement was filed on behalf of the respondent No. 2, who was the driver of the truck. The respondent No. 3 i. e. The Oriental Fire and General Insurance Company Limited filed written statement at Exh. 10. In the said written statement, the contentions which were raised by the respondent No. 1 in his written statement were reiterated.

( 4 ) HAVING regard to the controversies between the parties, the Tribunal framed issues for determination at Exh. 28. The appellant examined in all 20 witnesses in support of his case pleaded in the claim petition; whereas on behalf of the respondents, only one