- (1.) The present appeal has been filed under Section 173 of Motor Vehicles Act, 1988 against the award dated 23.12.2006 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Lakhimpur Kheri in Claim Petition No. 11 of 2005, Kailash Prasad Rastogi v. Vivek Kumar Bajpai and another. In short, according to the petitioner, the accident took place on 23.11.2003 at about 5.00 p.m. due to rash and negligent driving of driver of Motor Cycle No. U.P. 31-F-6365 resulting into grievous injuries to the injured. It is stated that he was taken to District Hospital, Lakhimpur Kheri where he was admitted for a short duration and after his condition was serious, he was referred to K.G.M.C., Lucknow where he remain admitted since 24.11.2003 till 10.12.2003 and got his treatment.
(2.) From perusal of the record, it appears that after accident he got further treatment in Neurological Surgical Clinic. Lucknow, Gomti Nagar. Petitioner alleged that his income is Rs. 8,000 per month from the jewellery shop. Since he became disabled and his memory was partially lost so he could not do his business. A compensation of Rs. 10 lacs was claimed.
(3.) Opposite parties No. 1 and 2 filed their written statement. Four issues were framed. After elaborate discussion, the learned Tribunal awarded compensation of Rs. 87,689.;