S.P.SRIVASTAVA,J. - (1.) HEARD the learned Counsel for the appellant.
(2.) THE appellant has filed this appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 1,13,070/- to the claimant on account of his having suffered multiple injuries resulting in permanent disability to the extent of 40% in an accident involving the offending motor vehicle - a bus - owned by the appellant. The Tribunal after carefully considering the evidence and materials brought on record believing the injured claimant examined as P.W. 1, has come to the conclusion that it was a hit and run case where the driver of the bus after hitting the scooter on which the injured was travelling, had run away. This impact, it has been found, had resulted in various multiple injuries as compound fractures etc. making the injured, aged about 42 years permanently disabled to the extent of 40%. The learned Counsel for the appellant has strenuously urged that the driver and the conductor of the offending motor vehicle i.e. bus had been examined whose statements had been erroneously ignored taking them to be not worth reliance.
(3.) SO far as this aspect of the matter is concerned, the Tribunal had an opportunity to watch the demeanour of the witnesses and taken into consideration the totality of the circumstances including the demeanour of the witnesses, had chosen to place reliance on the P.W. 1.;