S.D.AGARAWALA, J. - (1.) THIS is a First Appeal From Order filed under Section 110-D of the Motor Vehicles Act against the judgment of the Motor Accidents Claims Tribunal, Gorakhpur, dated 28th May, 1986, by which the claimant Mohammad Isha, respondent No. 1, was granted a compensation of Rs. 6,000/-.
(2.) THE facts giving rise to the present appeal are as under: On 9th September, 1982, an accident occurred near Terhwa at Maharajganj-Pharenda Boad, Mohammad Isha was then a student of Class X, aged about 14 years. He was going on a bicycle from his school to village Barehara where he was going on his left side. When he reached near Terhwa, a Tractor No. URO 3250 came from Pharenda side and going towards its wrong side, collided with Mohammad Isha, as a result of which he received simple as well as grievous injuries. The injury was a fracture of the pelvic bone. He was treated in the hospital for more than a month. Thereafter, Mohammad Isha filed a Claim Petition for a sum of Rs. 36,000/- (Rs. 25,000/- for compensation for the injuries sustained, Rs. 5,000/- for medical expenses, Rs. 5,000/- for mental agony and suffering and Rs. 1,000/- for loss of studies) besides cost and interest.
(3.) THE claim was denied by the appellant on the ground that, in fact his tractor was not involved at all in the accident. He has further urged that the driver of the tractor was a person who held a valid licence, and, as such, it was his case that the Insurance Company was liable to pay compensation. He has further disputed the quantum payable to the claimants.;