S.K. Dubey, J.

1. This is an appeal against the award dated 13.8.1991 passed in Motor Accident Claim Case No. 4 of 1990 by the Motor Accidents Claims Tribunal, Harda.

2. The facts giving rise to this appeal are thus:

The claimant (since deceased) aged 70 years, was going on his scooter on 22.9.1989 in the market of Harda town. At about 12.30, newly bought Swaraj tractor, driven by respondent No. 3, owned by respondent Nos. 1 and 2 and insured with respondent No. 4 hit the scooterist as a result of which he fell down and received multiple severe injuries. First information report was lodged at the police station, Harda. The investigating agency prepared the spot-map and sent the injured for medical examination. The driver of the tractor was arrested, who, later on, was released on bail. The tractor was seized which was also given on supuradnama after its mechanical examination to the owner. The injured was shifted to Hamidia Hospital, Bhopal, where he remained as an indoor patient from 23.9.1989 to 28.9.1989 and was treated for fracture of 4th, 5th and 7th rib of left side and also for fracture of left shoulder, left clavicle and left neck humerus. He was operated for close red