R.K. Rastogi, J. - (1.)This is an appeal against the award dated 11.1.1999 passed by Motor Accident Claims Tribunal/IVth Addl. District Judge, Faizabad in Claim Petition No. 79/95, Hansraj Singh Vs. Subhal Yadav and others.
(2.)The facts relevant for disposal of this appeal are that the claimant respondent Hansraj Singh filed aforesaid claim petition in the Court of District Judge, Faizabad against Subhal Yadav and Chandar Yadav on 18.7.1995 with these allegations that on 3.2.95 at about 11.30 a.m. on pitch road within the village Sadi Ka Purwa, he was hit by a Tractor which did not bear registration number. The Tractor was owned by Chandar Yadav and was being driven by Subhal Yadav. The claimant received injuries on his chest, knee joint, left wrist etc. and a sum of Rs. 8,100.00 was spent in his treatment. His cycle was also damaged in the accident and Rs. 306 were spent in its repairing. The claimant had also paid Rs. 5,500.00 to the Doctor towards fees. He was earning Rs. 1,000.00 per month at that time and due to this accident he could not do his work for a period of ten months. He, therefore, claimed a sum of Rs. 10,000.00 towards loss of work and Rs. 5,000.00 for loss of his agricultural income. He also claimed Rs. 10,000.00 for physical pain and Rs. 1,200/ - for mental pain, in all Rs. 40,106/-.
(3.)It may be mentioned that a F.I.R. of the incident was also lodged on 16.2.05 with the same particulars in which it was stated that Subhal Yadav son of Moti Lal Yadav was driving the Tractor and Chandar Yadav son of Ram Newaj Yadav, owner of the Tractor was also sitting in that Tractor at that time. Registration number etc. of the Tractor is not mentioned in the F.I.R. also.