NIWASH Vs. SHAYAMVEER SINGH TOMAR
LAWS(ALL)-2013-3-258
HIGH COURT OF ALLAHABAD
Decided on March 13,2013

Niwash Appellant
VERSUS
Shayamveer Singh Tomar Respondents

JUDGEMENT

- (1.)This appeal has been preferred by the appellant Sri Niwash for enhancement of the amount of compensation awarded by MACT/Additional District Judge, Room No.2, Firozabad in MACP No. 265 of 2008, Shri Niwash vs. Shayamveer Singh Tomar & another.
(2.)The impugned award is assailed on the ground that accident on 21.04.2008 took place occurred due to negligence of the driver of Mahendra Max No. MP-30T/0133 but the evidence produced by the appellant before the trial court in this regard has not been considered by the aforesaid Tribunal. According to the counsel the claimant is a farmer and earns about Rs. 7,000/- per month from agriculture and sale of milk.
(3.)The appellant is 27 years' old who claims to have met with an accident on 21.04.2008 at 4.30 P.M. at triangular junction near Nandgava Pinahat Road, Mahuashala when he was going on motorcycle no. UP-83F/8521 from Mahua Shala to Kanpur. The case was contested by the insurance company which neither produced any witness nor filed any documentary evidence.


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