MAHBOOB ALI, J. - (1.) Heard learned counsels for the parties and perused the record.
(2.) This first appeal has been preferred by the petitioner/appellant ('appellant', for short) against the judgment and award dated 12.05.2006 passed by Sri Nihal Ahmad Siddiqui, Additional District Judge, Court no. 6 Shahjahanpur/Motor Accident Claims Tribunal (the 'Tribunal', for short) in Motor Accident Claim Petition No. 128 of 2003 (Amit Kumar v. National Insurance Company Ltd. And Others) , whereby the Tribunal has awarded the total compensation of Rs. 42,000/- with 6% interest per annum from the date of filing the petition. Briefly stated the facts are; That on 25.04.2003 at about 6.30 a.m. the claimant/appellant was going by his bicycle to take his High School examination, when he reached near Collector ganj, a motor cycle bearing registration no. UP 27 E 1073, rashly and negligently driven by Mukesh Kumar, dashed the cycle from behind as a result of which he sustained serious injuries and he was taken to Kanaujia Nursing Home, Shahjahanpur where he remained admitted from 25.04.2003 to 14.05.2003, his left leg was found fractured from the thigh for which an operation was done on 30.04.2003, in which steel rod was implanted and bone grafting was done. The appellant filed the claim petition for the compensation of Rs. 11 lacs. Respondent No. 2 Chhote Lal and respondent no. 3 Mukesh Kumar in their written statements, denied the factum of accident. Respondent No. 1 Insurance Company contested the matter alleging that the amount claimed for compensation is highly exaggerated, no accident took place on 25.04.2003 at the place as alleged and appellant himself was driving his bicycle on the road rashly and negligently.
(3.) On the basis of evidence on record, the Tribunal has proceeded to award a compensation of Rs. 42,000/- with 6% interest per annum from the date of filing of the petition.;