( 1 ) THIS judgment shall also govern the disposal of Miscellaneous Appeal No. 91 of 1977 (Smt. Kiran Devi v. Jaiprakash) also.

( 2 ) THESE two appeals have been preferred against the award passed by the Motor Accidents Claims Tribunal, Gwalior, (for short, hereinafter called 'the Tribunal') dt. 17-3-1977 in Claim Case No. 29 of 1974.

( 3 ) JAIPRAKASH alias Jainarayan, respondent No. 1 filed an application for compensation before the Tribunal under S. 110-A of the Motor Vehicles Act, 1939 (for short, hereinafter called 'the Act') of an amount of Rs. 21,300/-, impleading appellant Sonaram; the Insurance Company and Kiran Devi as the parties. According to this application, on 4-4-1970 at 7. 00a. m. the driver of tempo No. MPC 928 was driving the tempo rashly and negligently in a high speed and on the wrong side, while the applicant on his bicycle was going from Patankar market towards the High Court on his left side. When he reached the crossing of Lohia Bazar, the said driver hit him with the vehicle and due to this accident, he suffered several injuries. Consequently, he was admitted in the J. A. Hospital, Gwalior. According to him, the thigh bone of his left leg w