B.D.Agarwal, J. - (1.) These connected appeals arise against an award of the Motor Accidents Claims Tribunal (Third Additional District Judge, Jaunpur), dated May 8, 1978.
(2.) According to the case of the claimant, Basant Lal Gupta, he was standing on the road patari to the eastern side near the octroi-post of Mandi Ahmad Khan. On August 14, 1969, at about 8 a.m., PW, B.P. Srivastava, was also beside him. Ambassador Car No. USF No. 711 belonging to Chhotey Lal and being plied as a taxi through the driver, Gulab, took a turn to the right side and hit the claimant by its bumper. The claimant as a result sustained compound fracture of his left leg. He had to be under medical treatment for a number of months and there was loss in his earnings as a legal practitioner on the income-tax side in Jaunpur. A sum of Rs. 23,000 was claimed by him as compensation. Chhotey Lal resisted the claim refuting liability on his part in the matter.
(3.) The Tribunal came to the finding that the accident occurred due to rash and negligent act of the driver plying the taxi run by Chhotey Lal. A sum of Rs. 8,000 was awarded as compensation to Basant Lal Gupta with the direction that half of the amount has to be borne by New India Assurance Co. Ltd. on the finding that the vehicle aforementioned was insured with it.;