JUDGMENT :

This is a claimant’s appeal, arising out of the judgment and award passed by the Motor Accidents Claims Tribunal/Additional District Judge, Court No. 1, Allahabad dated 09.04.2009 in Claim Petition No. 638 of 2005, seeking enhancement of the compensation awarded.

2. The facts giving rise to this appeal, as set out in the claim petition, are :

On 1st June, 2005, Ashish Kumar Yadav, the claimant-appellant[‘the claimant’ for short] was riding pillion on motorcycle UP 70 AF 6420, that had, in the rider’s seat, Rajesh Kumar Yadav. At about 06:30 a.m., when the two reached Village Rangpura, falling under the local limits of Police Station Soraon, District Allahabad (now Prayagraj), a dumper truck bearing Registration No. UP 70 AT 1665, driven at a high speed and negligently, approached from the opposite direction. It hit the motorcycle without sound of horn. The accident led the claimant to sustain grievous injuries. In consequence, the claimant has become permanently handicapped. At the time of the accident, the claimant was a young man of 22 years and a student. In consequence of the injuries, the claimant turned from an able-bodied man to a permanently handicapped and disabled