(1.) BY this common order, I will dispose of the appeal filed by the owner -appellant and cross -objection filed by the claimant. On 16.11.1995 at about 10.30 a.m. the claimant was a pillion rider on a scooter and was going to bus stand of village Murtzapur. The scooter was driven by its driver at normal speed. Near Gurudwara of village Murtzapur, a tractor No. HNQ -3429 along -with harrow, being driven by respondent Bharat Bhushan rashly and negligently, came from the opposite direction and hit his scooter as a result of which claimant received grievous injuries on his right leg and other parts of the body.
(2.) THE respondent on appearance, denied the accident. It was stated that the offending tractor is not insured. Respondent denied all the facts constituting the accident. He claimed that the story had been concocted by the claimant. From the pleadings, the following issues were framed:
(3.) THE owner of the offending tractor has challenged the award claiming that he has been wrongly held liable for the accident, whereas the claimant is not satisfied with the award and has filed cross objections claiming that inadequate compensation has been granted. Therefore, it should be enhanced.