Hon’ble Arvind Kumar Tripathi-II, J.—These two First Appeal From Orders have been filed against the same award of the Motor Accident Claims Tribunal dated 14.3.1997 passed by M.A.C.T./First Additional District Judge, Agra, in a Motor Accident Claim Petition No. 433 of 1995. First Appeal From Order No. 519 of 1997 has been filed by New India Assurance Co. Ltd. challenging the award of compensation amount being on higher side. First Appeal From Order No. 754 of 1997 has been filed by the claimant Saurabh Agarwal claiming further enhancement of the compensation amount.

2. With the consent of the parties, these two F.A.F.Os. have been heard together and are being decided by a common judgement.

3. As per the claim petition No. 433 of 1995 Saurabh Agarwal s/o Suresh Chand Agarwal, aged about 14 years on the date of accident, was a student of class 10th. On 28.4.1995 at about 12.45 P.M. he was returning from his school on a bus, the driver was driving the vehicle rashly and negligently, all of a sudden, due to rash and negligent driving of the driver of the bus, the bus jumped on the road, due to which Saurabh Agarwal fell down from the bus and his both legs were crushed beneath the tyres of the bus and the driver and conductor of the bus fled away abandoning the bus at the place of occurrence. The claimant was admitted in nursing Home of Dr. K.K. Pruthi, Vijay Nagar Colony, Agra. After that he was shifted in G.G. Nursing Home Sanjay Place, Agra and then after doctors advice, he was sent to Batra Hospital, Delhi. He was operated several times and his left leg was amputated above the left knee. He is still under going treatment in Vandana Nursing Home, Kamla Nagar, Agra. It has been alleged that he was a healthy young boy and due to this accident his health has deteriorated and he is unable to move and lost his career and lost the prospects of earning livelihood. By filing his claim petition, an amount of Rs. 23,50,000/- was claimed.

4. O.P. No. 1, who is the owner of the bus filed his written statement, wherein he has admitted paragraphs 9, 10, 11, 15, 16, 17, 19 and 23 of the claim petition, thus admitting place, date and time of accident, ownership of the bus and insurance of the bus. It was further averred in the written statement that the accident did not occur due to rash and negligent driving of the driver, but the claimant himself was negligent. He was standing near the door of the bus and despite the warning given by the conductor, did not sit on the vacant seat and due to that he fell down from the bus.

5. Insurance Company has filed their written statement taking all the possible defences including non-joinder of the driver of the vehicle involved in the accident, no information was given to the insurance company by the opposite party as provided under Section 158 (6) of the Motor Vehicle Act. They have not been supplied copy of the FIR, charge-sheet, site plan, Technical Inspection Report, Injury Report etc. It was also averred that the liability of the insurance company will arise only upon the documentary proof satisfying the conditions under which the vehicle was being driven, under the provisions of Motor Vehicle Act in terms of policy of insurance such as valid and effective driving license R.C. etc.

6. The tribunal, after going through the pleading of the parties has framed the following issues :

1. Whether the accident took place on 28.4.95 at about 12.45 P.M. due to rash and negligent driving of the bus No. UP -80-H-9008, by its driver, due to which Saurabh Agarwal received injuries.

2. To what amount of compensation the claimant is entitled and from whom?

3. Relief.

7. The claimant has examined himself as P.W. 1 and his father as P.W. 2. Opposite parties have not examined any witness. Claimant has filed bills for the treatment as per list 14C to 122C, 160G, 171G 138G and 140G. Opposite party No. 1 has filed photocopy of permit, Registration certificate of insurance policy and driving license as per list 13