KRISHNA SINGH,J. - (1.) Present appeal has been filed by the appellant claimant being aggrieved against the impugned judgment and award dated 13.1.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge, Allahabad in M.A.C.P. No. 782 of 2000 (Vijay Kumar Kesarwani @ Pappu v. Shiv Asare Singh and another ) awarding compensation to the tune of Rs. 1,64,000/- along with 6% interest per annum to the appellant claimant inter alia on the ground that the compensation awarded by the Tribunal is inadequate and also that the Tribunal has not calculated the compensation as contemplated in law.
(2.) Brief facts giving rise to the instant appeal are that in the intervening night of 25/26.8.2000 the appellant claimant was travelling in truck no. U.P. 78 N 3666 alongwith his goods (fruits) when the said truck reached near village Saura, police station Malwa, district Fatehpur hit from behind a stationed unknown truck on GT Road. The said accident had occurred due to rash and negligent driving of the driver of the said truck. Appellant claimant has sustained grievous injuries in the said accident. During treatment his left hand was amputated above elbow causing permanent disability. FIR of the said accident was lodged at police station Malwa. After investigation in the case police has submitted the charge-sheet against the driver of the said truck under Section 279/338 IPC. At the time of accident appellant claimant was aged about 35 years and running the shop of pan and fruit juice and was earning Rs. 5000/- per month. Due to the injuries sustained in the said accident he has become permanently disabled and dependent on others. At the time of accident the said truck was insured with the respondent insurance company.
(3.) Respondent owner of the said offending truck did not choose to contest the claim petition. The claim petition was contested by the respondent insurance company by filing the written statement wherein it was pleaded that claim petition has been filed on false and concocted story and at the time of accident the driver of the said truck was not having valid and effective driving license and, as such, the claim petition was liable to be dismissed.;