SUBHASH Vs. SUNIL KUMAR

JUDGEMENT

(1.) Heard, Shri R.K. Upadhyaya, learned counsel for the appellants and Shri T.C. Seth, learned counsel for the respondents.

(2.) The instant appeal has been preferred against the judgment and award dated 07.05.2003 passed in claim petition no. 69 of 1998; Sunil Kumar V/s Subhash and another by the Motor Accident Claims Tribunal, Pratapgarh (Court no. 4) by means of which the claim petition has been allowed and an amount of Rs. 73,000/- has been awarded along with interest at the rate of 9% per annum which is to be paid by the appellant no.2/ respondent no. 2.

(3.) The brief facts of the case are that the respondent/claimant was going from his cycle to Dhigwas on 04.05.1997 when at about 07:30 PM a tractor no. UP72A-6221 coming from the side of Derwa driving rashly and negligently, dashed to the claimant and fled away. The respondent got injuries on his head, leg and body and fell unconscious. The respondent/claimant was treated in Kamla nursing home, Allahabad. The deceased had done MCC in physics in 1988 and established a Metaplast poly products factory in Pratapgarh. He was proprietor of the said factory. He was earning Rs 14,500 per month. With the aforesaid allegations, the respondent had filed the claim petition claiming compensation.