MITHLESH MISRA Vs. AJAI KUMAR

JUDGEMENT

(1.) The present first appeal filed by the claimant for the enhancement of the compensation under Sec. 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 24.02.1997 passed by the Motor Accident Claims Tribunal, Hardoi in the Claim Petition No. 115/1995 where a total compensation of Rs. 88,400.00 was awarded.

(2.) Brief facts of the case are that the deceased Sri Jai Narain Misra was a clerk in C.S.M. Decree College, Hardoi. On April 11, 1995, at about 10.00 A.M., he was talking with another clerk namely, Sri Dinesh Narain Verma on the road outside the school. In the meantime, a Tractor No. U.P. 30/8667 was coming from the side of Lucknow Check Post and hit the deceased. Its driver was driving the tractor rashly and negligently. The victim had fallen down on the road and came under the rear wheel of the tractor. The Principal of the School, Sri Ajay Kumar Srivastava, was also an eye witness of the accident. Immediately, the deceased was rushed to the hospital in the vehicle of P.A.C., where he died. The driver of the truck ran away from the spot and tractor was taken into policy custody, who registered an FIR at about 11.30 against the tractor driver.

(3.) The claimants have filed a claim petition before the Tribunal. After examining the entire evidence, the Tribunal has awarded a total compensation of Rs. 88,400.00 along with interest, but the claimants are not satisfied and they preferred the present appeal for enhancement of the compensation.