- (1.) Heard, Sri Satendra Nath Rai, learned counsel for the appellant, Sri Mahesh Kumar Yadav, Advocate holding brief of Sri Anil Kumar Srivastava, learned counsel for the respondent no.1 and Sri Anil Kr. Mishra, learned counsel for the respondent nos. 2 to 4.
(2.) This appeal has been filed for enhancement of the compensation awarded by the judgment and award dated 13.07.2012 passed in M.A.C.T. No.34 of 2011 by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.2,Lakhimpur Kheri on three grounds firstly that the future prospects have not been awarded, secondly the deduction has wrongly been made recording a wrong finding of contributory negligence of the appellant and thirdly that the lesser interest has been awarded.
(3.) The facts in brief, for adjudication of the present case, are that the appellant who is working on the post of Forest Guard in Forest Department was going on his motor cycle No.U.P.31L-9209 on 25.05.2010 at 11:30 from his forest range Head Office Maheshpur to his working area Awla. When he reached near Village Mamri Police Station-Hyderabad, District Kheri, a Jeep Magic having registration No.U.P. 31T-2371 which was coming from the side of Gola and was being driven rashly, negligently and with uncontrolled speed by its driver dashed the motor cycle of the appellant. The appellant fell down from his motor cycle and got serious injuries. His left leg was broken from several places and the motor cycle was also damaged. The appellant was taken to the Community Health Centre, Gola for treatment and after primary treatment he was referred to the District Hospital, Lakhimpur Kheri, from where looking to the serious condition of the appellant he was referred to the Trauma Centre, Lucknow for treatment. Thereafter he remained admitted in I.C.U. of Highway Hospital and Trauma Centre Private Limited, Lucknow from 25.05.2010 to 23.06.2010. After discharge from the Trauma Centre, the appellant lodged the First Information Report on 29.06.2010 at Police Station-Hyderabad vide Case Crime No.796 under Section 279 / 337 / 338 / 427 I.P.C. He has become handicapped and a disability certificate had also been issued to the extent of 40% of his left leg. Therefore the appellant had filed the claim petition claiming compensation, which has been partly allowed awarding an amount of Rs.55,973/- against the respondent nos. 2 and 3 and the respondent no.1 has been directed to make the payment of the awarded amount and has been given a right of recovery against the respondent no.2. Therefore the present appeal has been filed for enhancement.;