MOOL CHANDRA Vs. REETA AGARWAL

JUDGEMENT

(1.) Heard Sri Ram Singh, learned counsel for the appellant and perused the impugned award.

(2.) Briefly stated the facts giving rise to the instant appeal are that Mool Chandra, claimant-appellant was a teacher in Koteshwar Inter College Ramwa. After attending the College when he was coming back to his residence in Mohalla Nasirpur, Fatehpur City on his motor cycle he met with an accident at about 5.00 P.M. near Joniha Chauraha, Ram Nagar. The offending truck No. UP-71, B-9543, coming from the side of Radha Nagar, which was being driven in a rash and negligent manner by its driver, hit the motor cycle of the appellant, as a result of which he sustained grievous injuries. The report of the accident was lodged on 18.11.2011 at 22.30 P.M. at P.S. Kotwali, Fatehpur by Ram Raj son of Jhallu resident of Mohalla Nasirpur, P.S. Kotwali, Fatehpur and a case crime no. 597/11, under Sections 279,337 and 338 IPC was registered against the driver of truck no. UP-71, B-9543. It was averred in the claim petition that the claimant-appellant was admitted in District Hospital, Fatehpur but as the injuries were grievous, he was referred to Sharma Nursing Hospital where he remained admitted for about a month.

(3.) It was further alleged that in the accident right hand of the claimant was amputated and injuries were also sustained on his head. The age of the claimant was about 30 years on the date of accident and he was earning Rs. 15,000/- per month from teaching job, tutions and from working as an Agent for Bajaj Allianz.