YAQOOB Vs. RAKESH GUPTA

JUDGEMENT

(1.) Nobody responded on behalf of the respondent though the name of Sri Harpal Singh Chadha has been printed in the cause list. Heard Mr. Rajendra Jaiswal, learned Counsel for the appellant.

(2.) Present appeal has been filed by the appellant-claimant, for the enhancement of the compensation, under Section 173 of the Motor Vehicles Act, 1988, against the judgment and order dated 4th September, 2010, passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri, in Claim Petition No. 136 of 2009.

(3.) The brief facts of the case are that on 21st November, 2008, at about 6.00 p.m., the appellant was going on his cycle to his house. When he reached near Bilariya village, from the opposite direction, a tempo bearing Number U.P. 34C/0764 was coming, whose driver was driving it carelessly, rashly and negligently and dashed the cycle of the appellant. The appellant got the injuries and his cycle was damaged. A criminal case No. 2405 of 2008 was registered in the police station. The said tempo was insured with the opposite party No. 2 i.e. New India Insurance Company Ltd. On the date of accident, the policy was alive. The appellant got the treatment at various places and finally, the Chief Medical Officer, Lakhimpur Kheri has issued a certificate, whereby 40% permanent disability was declared. The appellant-claimant has filed a claim petition before the Tribunal, who after examining the entire evidence has awarded a total compensation of Rs. 39,000. Not being satisfied, the appellant has filed the instant appeal.