( 1. ) THIS appeal arises out of award dated 22. 1. 1986 in Claim Case No. 273 of 1981 of the Motor Accidents Claims Tribunal, Indore, awarding compensation of Rs. 40,000/- to respondent-claimant Girdharilal on account of injuries sustained by him, due to rash and negligent driving of the scooter CPF 5355 by appellant No. 1 which was owned by appellant No. 2 under insurance with appellant No. 3.

( 2. ) THIS appeal is on the ground that the accident in question was for no fault of the scooter driver and the compensation awarded is highly excessive on all items. There are practically no grounds to ignore categorical assertions of victim Girdharilal, PW3, as well as eye-witness Budhaji, PW 2, according to both of whom the scooter in question dashed against the victim from behind, when he was going on foot by the left side of the road. The scooter driver has not entered the witness-box to rebut the aforesaid allegation which gives rise to adverse inference also. Even otherwise, there are no grounds to ignore testimony of the aforesaid witnesses which is sufficient to hold that the accident in question took place on account of rashness and negligence of the scooter driver in vi