S. K. KULSHRESHTHA, J. :- This appeal has been filed by Insurance Company, under Section 173 of the Motor Vehicles Act, against the award dated 2-12-2004, passed in Claim Case No. 42/2004 by the 4th Additional Motor Accident Claims Tribunal (Fast Track), Khargone, by which the claimant has been awarded a total sum of Rs. 11,65,300/- for the injuries sustained by him in a motor accident.

2. On 9-4-2003, the respondent - Hukumchand was proceeding on his motorcycle. As he reached Kasravad Road, near RTO Office, respondent No.2 approached at an alarming speed driving a Tractor which collided with the motorcycle of the applicant. The applicant Hukumchand sustained grievous injuries and was in coma for a period of one month. Even on the date of the filing of the application for claim, the respondent -claimant was confined to bed and was unable to attend to his daily routine. It was in this context that a sum of Rs. 21,85,000/-was claimed. The Tribunal, however, awarded a sum of Rs. 11,65,300/-. The Insurance Company has filed this appeal on the limited question as to whether without appointment of a guardian under the provisions of Rule 233 of the Madhya Pradesh Motor Vehicle Rul