CHANDRESH KUMAR AGARWAL Vs. YOGENDRA KUMAR SRIVASTAVA

JUDGEMENT

(1.) This is first appeal under Section 110D of the Motor Vehicles Act, 1939 (Old Act) by the owner of truck No. UPQ-1679 against the judgment and award dated 30.9.1988 passed by Sri S.K. Saxena the then Motor Accident Claims Tribunal, Gorakhpur whereby he allowed the claim petition for recovery of Rs. 23,200 only along with interest at the rate of 10% per annum from the owner of the offending vehicle.

(2.) In brief, the facts of the case giving rise to this appeal are as under :

(3.) A claim petition by Yogendra Kumar Srivastava an advocate of Gorakhpur was sent to the Motor Accident Claims Tribunal, Gorakhpur by registered post. It was alleged by the claimant that on 9.11.1985 at about 12.00 noon, he was going home on his Rajdoot Motorcycle bearing Registration No. CPJ-8798. He was himself driving the Motorcycle. A truck bearing Registration No. UPQ-1679 owned by opposite party No. 1 (C.K. Agarwal) was coming from the opposite direction and had a collision with the Motorcyclist in which the claimant received grievous injuries and his right leg and knee were fractured. The truck driver alongwith vehicle was apprehended on the spot. He therefore filed claim petition claiming compensation in respect of several heads including Rs. 4,000 for repairs of the Motorcycle in question.