JUDGMENT :

ASHUTOSH SHASTRI, J.

1. By way of present appeal under Section 173 of the Motor Vehicles Act, 1988, original opponent no. 3 i.e. present appellant - The Oriental Insurance Co. Ltd. has challenged the legality and validity of the award passed by the Motor Accident Claims Tribunal (Assistant) 2nd Additional Court at Modasa dated 27.01.2010 in M.A.C.P. No. 1583 of 1997.

2. The background of the facts which has given rise to the present appeal is that on 13.03.1997 the original claimant i.e. opponent no. 1 herein was travelling in tractor thresher for harvesting wheat from the agricultural field and the said tractor was driven by opponent no. 3 herein. At about 9:00 pm in the night, opponent no. 3 in a rash and careless manner drove the tractor on account of which the original claimant who was sitting beside the driver on mudguard, due to bad surface of the road, fell down from the tractor and the wheel of the tractor has ran over his leg and damaged the left leg of the claimant. Initially the injured claimant was first brought to Mehgraj and thereafter at Modasa and admitted in the clinic of Dr. Rakesh Shah. On account of serious injuries, an operation was done and his leg was