- (1.) Heard Sri Anand Mohan, learned counsel for the appellant and Sri Shakeel Ahmad Ansari, learned counsel for the claimants-respondents. The instant appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellant against the impugned award dated 21.2.2006, passed by the Motor Accident Claims Tribunal/Special Judge, E.C. Act, Unnao in Claim Petition No. 66 of 2004.
(2.) In brief, the facts of the case are that the claimant-injured Manoj Kumar alongwith his friend Dinesh Chandra was going on motor-cycle No. U.P. 35D/6802 from Durgaganj to Bhagwant Nagar. At about 5.00 p.m., when they reached Bhagwant Nagar Baksha Road near Pithai Kheda brick kiln, the Tractor No. U.P. 35A/9925 coming from reverse direction driven rashly and negligently by the driver, hit the motor-cycle. In consequence thereof, Manoj Kumar suffered grievous injuries and he was alleged to admitted in U.H.M. District Hospital, Kanpur. On account of injuries, he was referred to M.R. Hospital, Shiv Katra, G.T. Road, Kanpur and was admitted there. He remained in the hospital from 31.10.2003 to 12.11.2003. Thereafter, again he was admitted for further treatment in Raksha Nursing Home, Harjender Nagar, Kanpur and remained under medical treatment from 16.11.2003 to 25.11.2003. He has also undergone surgery and thereafter discharged on 25.11.2003.
(3.) The claim petition was filed for payment of compensation to the tune of Rs. 6 lacs on account of injuries suffered in the aforesaid accident. The Tribunal has framed issues with regard to the accident, insurance note cover and driving licence etc.;