- (1.) We have heard learned Counsel for parties and gone through the material available on record. This appeal has been filed against the judgment and decree dated 7th October, 1992 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 69 of 1983, where the award of Rs. 15,000/- was awarded in favour of the opposite party No. 2.
(2.) Earlier, this appeal was dismissed for non prosecution vide order dated 2nd September, 2003, but it was restored to its original number vide another order dated 22nd March, 2007. The appeal is filed for enhancement of the compensation awarded under the Motor Vehicles Act, 1939 (Old Act).
(3.) The brief facts of the case are that on 8th July, 1983, at about 1.00 p.m. deceased Rais Ahmad was going on a cycle on Lucknow-Raebareilly Road. When he reached near Mohalla Telibagh, a Jeep bearing number UPH-5338 hit the deceased. The driver of the Jeep was driving the vehicle negligently and rashly and crushed the deceased, who died on the spot. The deceased was aged about 13 years old and was a student of High School. It was claimed that he was working with one Ishtiaq Ali for welding work. So, the claim petition was filed for Rs. 1,50,000/-. However, the Tribunal after examining the entire evidence has awarded a compensation of Rs. 15,000/- under the then Motor Vehicles Act, 1939. Not being satisfied, the claimant has filed the present appeal.;