RAJNISH KUMAR,J. - (1.) Heard, Shri Rajendra Jaiswal, learned counsel for the appellant and Shri Alok Kumar Srivastava, learned counsel for the respondent no.1.
(2.) This first appeal from order has been filed against the judgment and order dated 31.05.2010 passed in Motor Accident Claim Petition No.180 of 2009 (Sunil Kumar Vs. Mohd. Shadab and Another) by Motor Accident Claims Tribunal / Additional District Judge, Court No.6, Unnao by means of which the claim petition filed by the appellant has been dismissed.
(3.) The brief facts, for disposal of the present appeal, are that on 15.04.2009 the appellant / claimant was going alongwith his brother Shyam Lal for taking medicine to village Nevarna on foot on his left side of road. As he alongwith his father reached at some distance before the Government Ayurvedic Hospital, Nevarna at about 09:30 A.M., the driver of the Scorpio Jeep having Registration No.UP-35-F-7800, driving rashly and negligently, hit the appellant after bringing it on the left side. Consequently, the appellant suffered serious injuries. The right leg of the appellant was broken. The accident was seen by the father of the appellant and Raghuveer S/o Putti Lal R/o village- Nevarna and others and the number of the vehicle was noted down. The appellant was admitted in the District Hospital, Unnao in the injured condition. The appellant remained there for treatment w.e.f. 15.04.2009 to 11.05.2009 and the treatment was going on. The FIR of the accident was lodged by the father of the appellant at Police Station- Achalganj, District- Unnao against the driver. In case the driver of the vehicle would have driven the vehicle cautiously the accident would not have happened. With the aforesaid allegations the claim petition was filed claiming the compensation.;