KAMTA PRASAD Vs. JAN MOHAMMAD

JUDGEMENT

(1.) HEARD Mr. S.D. Tiwari holding brief of Mr. Sabhapati Tiwari, learned Counsel for the appellant, Mr. Anand Kumar Srivastava, learned Counsel for claimant-respondent No. 1, Mr. Raj Nath Yadav, learned Counsel for respondent No. 2 (driver) and Mr. Ashok Kumar Srivastava, learned Counsel for respondent Nos. 3 and 4 and perused the record.

(2.) THIS appeal has been filed by owner of offending vehicle against the judgment and award dated 17th July, 1997 passed by the District Judge/M.A.C.T., Basti in claim petition No. 182 of 1995. whereby the Tribunal allowed the claim petition partly for recovery of Rs. 15,000 with interest at the rate of 12% per annum from the date of presentation of the claim petition. The owner of the vehicle was directed to pay the amount of compensation to the claimant.

(3.) LEARNED Counsel for the parties have submitted that the accident took place on 20th August, 1995 at about 12.30 p.m. when claimant Jan Mohammad, a minor boy was going to market for making some purchases the driver of the jeep No. a M.M.V. 6972 dashed against the boy and as a result of accident, claimant fell down on the ground and became unconscious.