B.N.Sapku, J. - (1.) This appeal filed by the Oriental Fire and General Insurance Co. Ltd. arises out of a claim petition filed by Ghanshyam Das, a minor, through his father, Sita Ram, as next friend, on September 2, 1972.
(2.) The claim petition was filed on the allegations that Ghanshyam Das was returning to his house at about 10.00 a.m. on February 14, 1971, near Talbahat, after taking a bath in the tank. He was moving an Thanri-Lalitpur road towards Jhansi, when bus No. USG 2474, driven by Purshottam Das, came from behind. As a result of rash and negligent driving on the part of Purshottam Das, the bus hit Ghansyam Das and he was run over. The consequence of the injuries sustained by Ghanshyam Das was that his right leg had to be amputated. The claimant claimed Rs. 50,000 as compensation.
(3.) This claim petition was contested by Munna Lal, the owner of the bus, Purshottam -Das, the driver of the bus, and the appellant-insurance company. They all claimed that the accident was (not ?) due to rashness and negligence on the part of the driver of the vehicle but due to the claimant himself. It was also pleaded that the claim petition was barred by time. The compensation was also claimed to have been excessive.;