D. P. S. CHAUHAN, ACTG. C. J.

( 1 ) THIS appeal is directed against the award dated 19. 2. 1998 passed by the Motor Accidents claims Tribunal, Hoshangabad in Claim case No. 35 of 1994, whereby the tribunal recorded finding that the claimant could have been entitled for the compensation for a sum of Rs. 1,15,000 in total, out of which he was entitled for Rs. 50,000 for mental agony, Rs. 25,000 for permanent disability and for being deprived of enjoyment of his life, Rs. 20,000 for continuous treatment throughout his life, Rs. 18,000 was determined as the amount spent on treatment and Rs. 2,000 as miscellaneous expenditure which he might have spent during the duration of his treatment on his diet.

( 2 ) THE claim case was rejected on the ground that the claimant was a pillion rider and does not fall in the category of third party and also a finding was recorded that at the time of the accident scooter was not being driven rashly and negligently.

( 3 ) HEARD learned counsel for appellant-claimant, Mr. Kamal Singh and learned counsel for the respondents, Mr. Sanjay agrawal.

( 4 ) THE learned counsel for the appellant submitted that so far as the finding regarding rash and negligent dri

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