ANJANI KUMAR Vs. RAM BUX SINGH

JUDGEMENT

(1.) The instant appeal has emanated from judgment and award dated 21.02.2011 passed in Motor accident Claim Petition No.138 of 2009 (Anjani Kumar @ Girindra Kumar v. Ram Bux Singh and 2 Others) passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Raibareli for enhancement of the compensation.

(2.) Brief facts of the case are that on 05.07.2019 at about 03:00 PM, the appellant was coming from Dedaur by his motor cycle having Registration No.-U.P. 33 D-6414. When he reached on the Lalganj- Raibareli road the roadways bus No.U.P 33 T-1470 coming from Lalganj hit the appellant from the back side near the tri-section. The bus was being driven by its driver rashly and negligently. The appellant suffered serious injuries in the accident. The right hand of the appellant was fractured from several places and he also got injuries in left hand, head and back. The persons present on the spot took the appellant to the Government hospital, Raibareli. After primary treatment he was referred to Trauma Center, Lucknow and thereafter he was treated at the Hind Hospital, Safedabad, Barabanki and Vivekanand Hospital, Lucknow. With these allegations the Claimant had filed the claim petition for compensation, which was contested by the respondent by filing written statement. They admitted the accident however stated that the appellant himself, driving the motor cycle rashly and negligently, collided with the bus. There is no fault of the driver of the bus in the accident therefore the appellant is not entitled for any compensation. After exchange of pleadings four issues were framed.

(3.) The evidence of Anjani Kumar @ Girindra Kumar as PW-1, Ram Shankar as PW-2, Chandra Pal Singh as PW-3 and Uma Shankar as PW-4 was recorded. The bill vouchers alongwith other documents were filed. From the side of respondents, the driver of the vehicle Ram Bux Singh was examined as oral witness and certain documents were filed. The learned Tribunal after hearing and considering the evidence came to the conclusion that the accident was an outcome of the contributory negligence and held that the contributory negligence of the driver of the motor cycle i.e the appellant is 30% and the driver of the bus is 70% and partly allowed the claim petition accordingly after considering the receipts of the medical expenses supported by the prescription and directed to pay an amount of Rs.2,90,967/- alongwith 6% interest from the date of filing of the claim petition by means of the judgment and award dated 21.02.2011. Hence the appellant has filed the present appeal for enhancement.