O.P.SAXENA, J. - (1.) THIS is an appeal under Section 110D of the Motor Vehicles Act against the award dated 7-12-76 made by the Motor Accidents Claims Tribunal (III Additional District Judge) Kanpur.
(2.) THE facts giving rise to this appeal are that on 14-4-73 at about 8 A.M. at Kalpi Road, opposite Satnam Petrol Pump within the limits of village Shahpur, P.S. Kalyanpur, District Kanpur, claimant Shiv Shanker Singh Rathor met with an accident while he was coming to Kanpur on motor cycle UPC 5149. The claimant had a farm at village Gangaganj and he returned from there on his motor-cycle at about 7.30 A.M. on his way back to Kanpur to join duty at the Sub-Divisional Office of the Life Insurance Corporation, Kanpur. He was employed there as a clerk and his basic salary was Rs. 325/- per mensem with Rs. 400/- as dearness allowance and Rs. 20/- as House Rent allowance. He also got 10% of the basic pay as bonus. There is an Indian Oil Depot on the Kalpi-Kanpur road which goes from west to east. After the Depot there is Satnam Petrol Pump. When the claimant reached in front of the Petrol Pump, the tankers were seen coming from the side of Kanpur. Tanker No. UPG 8537 was behind. The driver of the tanker tried to overtake the other tanker as probably he wanted to reach the Indian Oil Depot first. While doing so, the tanker dashed against the motor-cycle of the claimant. The motor-cycle was smashed and the claimant was seriously injured. It was said that the accident took place due to rash and negligent driving by the driver of the tanker. Opposite party No. 2 is the owner of the tanker. Opposite party No. 3 Ram Shanker was the driver. The accident was seen by P.W. 5 Chandra Prakash and P.W. 11 Kunji Lal. The latter took the claimant to the hospital. On 14-4-73 at 8 A.M. the claimant was admitted in the Lala Lajpat Rai Hospital, Kanpur for treatment.
(3.) ON 14-4-73 at 9 A.M. Dr. R.K. Shukla examined the injuries of the claimant and prepared report Ex. 31. The claimant had 5 injuries and X-ray was advised.;