( 1. ) THIS judgment shall govern the disposal of M. A No. 202 of 1984 (Sashikumar v. Ambaram), as also M. A No. 204 of 1984 (Ramchandra v. Ambaram), as all these appeals, though filed separately, are directed against the same award dated 21st January, 1984 given by the Second Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 21 of 1982.

( 2. ) MISC. Appeal No. 119 of 1984 has been filed by the New India Assurance Co. Ltd. and the driver Ramlal, against the award of Rs. 55,900/-passed in favour of claimant Ramchandra and Rs. 1,300/- in favour of claimant Sashikumar along with costs and interest at the rate of 9 per cent per annum.

( 3. ) MISC. Appeal No. 204 of 1984 has been filed by the claimant Ramchandra for the enhancement of compensation to the tune of Rs. 1,50,000/ -.

( 4. ) MISC. Appeal No. 202 of 1984 filed by claimant Sashikumar is for enhancement of compensation to the tune of Rs. 30,000/ -.

( 5. ) THE facts giving rise to these appeals may be stated, in brief, thus: Ambaram Dhulji Patel is the owner of truck No. MPA 4042 of which on the relevant day of the accident, which took place on 25. 11. 1981, Ramlal Sobharam was the driver in the employment of Ambaram Patel. The said truck was insured with the New India Assurance Co. Ltd.

( 6. ) CLAIMANT Sashikumar is the owner of scooter No. MPO 4763.

( 7. ) ON 25. 11. 1981 at about 4 or 4. 30 p. m. claimants Ramchandra and Sashikumar were returning from Dewas to Indore by the said scooter which was being driven by claimant Sashikumar on the pillion of which was sitting claimant Ramchandra, who was then working as an Additional District and Sessions Judge. According to the claimants, though the scooter was being driven slowly and cautiously, the driver of the said truck Ramlal drove his truck from the Kumar Pipliya Road on the Dewas-Indore Highway in such a rash and negligent manner that the said truck dashed against the back portion of the scooter from the side of the cleaner, on account of which claimant Ramchandra received injuries of serious nature on his leg and other parts of the body and claimant Sashikumar was thrown away at a distance on the road. Injured Ramchandra was shifted to M. Y. Hospital where on being X-rayed, compound fracture of tibia and fibula of the left leg of claimant Ramchandra along with external bleeding injuries were found. The said claimant Ramchandra was kept in the said hospital from 25. 11. 1981 to 3. 12. 1981, whereafter from 3. 12. 1981 to 6. 12. 1981 he was shifted to Indore Hospital, Indore.

( 8. ) AS there was no improvement in the condition of claimant Ramchandra, from 7. 1. 1982 he started taking the treatment of Dr. Dilip Motiwale, AW 6. From 15. 1. 1982 till 29. 1. 1982 claimant Ramchandra was again kept in Babulal Fatehchand Seth Hospital, where the said Dr. Motiwale operated the fractured leg, nailed and plastered, in which condition the claimant Ramchandra remained for a month. However, the claimant complained of pain in the said fractured leg on 26. 2. 1982 and 16. 3. 1982 on which date he was again examined by Dr. Motiwale, who, on finding that the fractured bone had not united properly, shifted claimant Ramchandra on 18. 3. 1982 to the Yesh Hospital where on 19. 3. 1982 Dr. Motiwale performed another operation whereby he transplanted a portion of the hip-bone and plated it on account of which the claimant had to remain in plaster for 1 1/2 months, during which period he was kept in the said hospital.

( 9. ) FURTHER according to the claimant Ramchandra, on account of the said accident he had to remain in bed, suffered physical pain and mental agony and the nature of injury has been such that there has been permanent disability in his left leg on account of which he finds great difficulty in getting up and walking. Further according to the said claimant, because of the said serious injuries sustained by him in the said accident, on 27. 11. 1981 he could not join the post of Addl. District Judge at Ali