KAMLESH KUMAR Vs. SHAMBHU DAYAL DIXIT

JUDGEMENT

(1.) THIS first appeal from order under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant against the judgment and award dated 19.02.2000 passed by Motor Accident Claims Tribunal/ IV Additional District Judge, Unnao (hereinafter referred to as 'the Tribunal') in Accident Case No.235 of 1996, Kamlesh Kumar Vs. Shambhu Dayal Dixit and another whereby the claim petition of appellant was dismissed.

(2.) I have heard Sri Rajendra Jaiswal, learned counsel for the appellant, Sri Ashok Kumar Verma, learned counsel for the respondent no.1 and Sri Anil Srivastava learned counsel for the respondent no.2.

(3.) THE brief facts for deciding this first appeal from order in short are that according to appellant Kamlesh Kumar, on 17.07.1996 at about 8:00 am, he was coming to Unnao from his village Shobha Khera in a tempo being Registration No.UP 35 -A 7479. The said vehicle in question was being driven by the driver rashly and negligently. When the vehicle in question reached near Mugulpur, the driver lost his control over the vehicle in question and the same was turned turtle. On account of the said accident, the appellant's left hand was badly injured. He also sustained compound fracture in his hand. He was immediately admitted in District Hospital, Unnao and thereafter, he was referred to Hallet Hospital, Kanpur where he was remained admitted from 17.07.1996 to 28.07.1996. He got treatment for considerable long time because of nonunion of bone and infection. He claimed Rs.3,90,000/ - for compensation. He claimed himself to be a driver and earned Rs.2000/ - per month under the employment of Funner Prasad son of Sri Dwarika Prasad, Collector Ganj, Unnao.