(Per Dr. Satish Chandra) - (1.) By this appeal filed under Section 173 of the Motor Vehicles Act, 1988, the appellants have challenged the impugned judgment and award, dated 30th April, 2009, passed by the Motor Accident Claims Tribunal, Gonda in Claim Petition No. 53 of 2006 (Bharat Singh v. U.P.S.R. T.C. and others) where a compensation of Rs.2,09,000/- was awarded.
(2.) The factual matrix of the case is that on 21s' April, 2006, the claimant had gone to meet his relative. At about 10.00 p.m., he was coming to his house from the residence of the relative on motorcycle and when he reached near Lahari school near PAC gate, UPSRTC Mini-bus No. UP-42 T-4206 was coming from the opposite side. The said bus was plying on the route Gonda-Lucknow. Its driver was driving the bus negligently and rashly and touched down the motorcycle of the claimant. The claimant- respondent had fallen down and sustained injuries and his two legs had fractured. His motorcycle was also damaged. After the accident, the bus but in question had run by leaving the injured claimant on road. One Sri Rakesh Pandey, who was following the bus, tried to take over the said bus could not get success. Sri Rakesh Pandey alongwith other took the injured to the District Hospital, Gonda where he was admitted from 21st April, 2006 to 25th April, 2006. Later, he was shifted to Meera Hospital, Lucknow where he was admitted from 25th April, 2006 to 28th April, 2006. In this hospital, the legs of victim were operated and plates were put in his leg. The necessary F.I.R. was lodged on 5th July, 2006 with P.S. Kotwali City, Gonda. The District Hospital has certified 60% disability of the victim. The age of the victim was 40 years. In the absence of any evidence, notional income of Rs.15,000/- was taken by the Tribunal. By deducting one-third for self expenditure, the Tribunal had applied multiplier '16' by looking the age of the victim who was around 40 years old. Thus, the compensation was awarded Rs.1,44,000/-. In addition after verifying the documents, medical expenditures were also awarded. Finally, the Tribunal has awarded the total compensation Rs. 2,09,000/- against the appellants. Not being satisfied, the appellant has knocked the door of this Court through present FAFO.
(3.) With this background, Sri R.K. Singh, the learned Counsel for the appellant stated that the said bus was not involved in the accident. The FIR was lodged belated. The vehicle was never detained by the police. No bail was obtained by the driver but he accepted that the drive was holding the valid driving licence at the time of accident. The learned Counsel for the appellants specifically mentioned that the Tribunal has passed he award in a very arbitrary manner without going into the merits of the case. Again he submitted that the bus in question was not involved in the said accident.;