RAM LAL Vs. DR. KAUSHAR @ SARAF IMTIYAZ

JUDGEMENT

(1.) Heard learned Counsel for the appellant and perused the judgment impugned.

(2.) This FAFO under Sec. 173 of the Motor Vehicle Act has been filed against the judgment and order dated 27.3.2017 passed by the Motor Accident Claim Tribunal/ADJ, Sitapur passed in Motor Accident Claim Case No. 333 of 2016.

(3.) It is said that on 28.5.2016 Ram Lal-claimant was going back to his house from village Mubarakpur with Icre-cream cart after selling Ice-cream and when he reached near the grave-yard in the vicinity of PS Khairabad, then a bullet motorcycle bearing no. UP 34F-3560, which was being driven by Dr Kausar and was coming from the back, hit him causing fracture in his right hand and grievous injuries in his head and hand. On being informed by the peoples standing nearby his family members and police reached at the place of occurrence. It is alleged that on the saying of Dr Kausar, he went to his clinic. As he was not satisfied by the treatment, he asked for his treatment by some other doctor on which Dr Kausar became annoyed and refused to treat him. In these circumstances, he lodged the FIR on 6.6.2016 at PS Khairabad and got his injuries medically examined at Primary Health Centre, Khairabad. Thereafter he got his leg operated at Pragati Nursing Home. After recuperating, the appellant filed a claim petition for awarding a sum of Rupees seven lac in all.