AJUL KUMAR Vs. RAJENDRA

JUDGEMENT

(1.) The instant appeal filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the '1988 Act'), is directed against the judgment and award dated 25.9.2006 passed by Shri O.P. Agrawal, Motor Accident Claims Tribunal/ Special Judge ( E.C. Act), Jhansi in MACP No.312 of 2004 (Ajul Kumar Vs. Rajendra Prasad), seeking enhancement of the compensation amount.

(2.) Briefly stated the said claim petition was filed on behalf of appellant/claimant ( hereinafter referred to as 'appellant') under Section 166 of the 1988 Act stating therein that the appellant was aged about 14 years, he was a student of Class VII. On 8.12.2003 at about 11 A.M. in front of Community Health Centre (CHC), Bangara, P.S. Ualdan, District Jhansi when the appellant was returning from Barat Pura on Tractor No. UP-93- J-9829, the driver of the tractor drove the tractor rashly and negligently and dashed with trolley attached with Escort Tractor No. U.P.-93-F-3622, in the accident three fingers of the appellant were severed. First, the appellant was treated at CHC, Mauranipur, thereafter at Medical College, Jhansi. On the treatment Rs.30,000/- were spent. The appellant was a very brilliant student, after completion of studies he could have joined a very good service and earned a handsome amount, now he was physically disabled. Neither he would get any service nor he would be able to do any private business. Request has been made that a sum of Rs.6,55,000/- along with interest be awarded against the driver, owner and insurer of the offending Tractor No. No. UP-93- J-9829.

(3.) Respondent/opposite party filed a written statement, whereby admitted the ownership of the said tractor. Other averments of the claim petition had been denied. In the additional pleas it has been stated that the respondent had purchased the tractor for agricultural purposes. It was never used for carrying any marriage party. No FIR about the accident had been lodged. The appellant has filed the claim petition on a concocted story, he has not suffered any permanent disability.