MOHD. SARIF Vs. TAJAMMUL HASAN

JUDGEMENT

(1.) Cause shown in the affidavit in support of the application is sufficient to condone the delay. Accordingly, the application is allowed and the delay in filing the appeal is hereby condoned. The appeal is taken on merit.

(2.) Present appeal has been filed by the appellant under Section 173 of Motor Vehicles Act, 1988, for the enhancement of the compensation, against the judgment and order dated 28.7.2009, passed by the Motor Accident Claims Tribunal, Lucknow, in Claim Petition No. 463 of 2006, where a total compensation of Rs. 2,07,800 was awarded.

(3.) The brief facts of the case are that on 11.5.2006, at about 7.30 in the morning, the appellant-claimant was carrying wheat to Lucknow by Mahindra Pickup bearing No. U.P. 32AN-2217. When he reached near Sudoli Circle, from opposite direction, a truck bearing No. U.P. 70AT-0725 was coming, whose driver was driving it rashly and negligently and hit the pickup. The cleaner of the pickup died on the spot and the claimant got serious injuries. He filed a claim petition before the Tribunal, who vide its impugned order has awarded a total compensation of Rs. 2,07,800. Not being satisfied, the appellant-claimant has filed the present appeal.