DEVI PRASAD SINGH,J. - (1.) HEARD learned counsel for the appellant and Sri Rajendra Jaiswal, learned counsel for the respondents.
(2.) PRESENT appeal under Section 173 of the Motor Vehicles Act, 1988 , has been preferred against the judgment and order dated 18.12.2003, passed by the Motor Accident Claims Tribunal/District Judge, Lakhimpur Kheri in MACP No.18 of 2000. The brief facts of the case are that Kanhaiya Lal Awasthirespondent no.1 on 10.8.1999 at 5.30 a.m. was going to attend natural call towards the field. When he reached near his shop, one Jeep, bearing No.U.P.31 C -3920, came from southern side and was moving towards north side crashed with a telephone pole and in consequence thereof dashed to Kanhaiya Lal Awasthi. The Driver of the Jeep ran away by leaving the vehicle in running condition. The neighbours of respondent no.1 rushed to the spot and pulled out the injured from beneath the Jeep. The injured was admitted to DistrictHospital, Lakhimpur, from where he was referred to Civil Hospital, Lucknow. The injured remained admitted for one day in Civil Hospital, Lucknow and on the next day, he was referred to Medical College, Lucknow. The injured, later on, admitted in K.K. Hospital, River Bank Colony, Lucknow for 57 days. Thereafter, he remained admitted to Lakhimpur Nursing Home. On account of injuries, caused to him, his shop remained closed.
(3.) A claim petition was filed before the Tribunal for payment of compensation which includes payment of loss of business, mental pain, agony etc. The Tribunal framed four issues with regard to the accident, involvement of Jeep, insurance cover, driving licence as well as with regard to compensation. Kanhaiya Lal Awasthi filed medical bills and other material with regard to medical aid provided to him. He examined himself as P.W.1, P.W.2, Chhangu Lal and P.W.3 Dr. Ajay Kumar.;