Dr. Satish Chandra, J. - (1.) Heard Sri Sharad Kumar Srivastava, learned counsel for the appellants, Sri Virendra Srivastava, learned counsel for the respondent No. 1 and Sri Sanjeev Aggarwal learned counsel for the respondent No. 3.
(2.) This appeal is filed by the appellant under Section 173 of the M.V. Act, 1988 against the judgment/order dated 6th February, 2007 passed by the Motor Accident Claims Tribunal, Urnao in Claim Petition No. 29 of 1994.
(3.) The brief facts of the case are that at mid night between 27/28 July, 1993, the claimant-respondent was travelling in U.P. Roadways Bus No. UMZ 9542 from Kanpur to Lucknow. Near Bhalla Farm, a Tanker No. UP-031-6766 was parked due to breakdown on the left side of the road. The bus driver Sri Hari Krishna was driving roadways bus with speed and hits the said tanker from the back side. The passengers including the claimant got injuries. An FIR was lodged at lO clock in the night against the bus driver and a case was registered as case Crime No. 195 of 1993 The injured passengers were taken to Balrampur Hospital, Lucknow. The treatment of the claimant was also provided in the said hospital as bones were fractured. However, the treatment was continued in PNB Clinic and KPM Hospital, Kanpur and a steel rod with fitted in the leg. Finally, the Chief Medical Officer, Kanpur has certified 60% permanently disability. The claimant filed the claim petition for the damages before the Motor Accident Claims Tribunal, Unnao, which was dismissed on 12th December, 1995. Against the said order dated 12th December, 1995, the claimant-respondent preferred an appeal bearing FAFO No. 9 of 1996 before this Hon'ble Court who vide its order dated 1st October, 2004 has set aside the said order and remanded the matter back to the Motor Accident Claims Tribunal, Unnao for fresh adjudication.;