SURESH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Heard counsel on both sides.

(3.) This appeal by special leave is preferred against the Judgment and Order in FAFO No. 994 of 1994 of the Allahabad High court dated 22/9/19944. The appellant while working as Beldar, to be more specific, while pouring water on the wheels of the roadroller moving on the road. met with an accident on 8/5/1989. As a result of the said accident, the appellant's right leg had to be amputated. As the accident was due to the negligence on the part of the person who drove the roadroller belonging to the first respondent, the appellant moved a claim petition before the Motor Accident Claims tribunal, Etawah. claiming a sum of Rs. 5,30,000. 00. The tribunal found that the negligence was on the part of the person who drove the roadroller. It may be mentioned at this place that the regular driver who was permitted to drive the said roadroller was on leave and the cleaner who had no licence factually drove the roadroller on the date of accident. The tribunal, on the basis of the evidence placed before it. awarded a total compensation of Rs. 1,45,000. 00 with interest at 12%.