J. J. MUNIR
Brahma Nand Maurya – Appellant
Versus
United India Insurance Company Ltd. – Respondent
JUDGMENT :
1. This appeal for enhancement of compensation has been preferred by the injured-victim of a motor accident, Brahma Nand Maurya, the claimant of MACP No.418 of 1996. He is aggrieved by the judgment and award of the Motor Accident Claims Tribunal/ Special Judge (Essential Commodities Act), Gorakhpur, which he says, has granted him insufficient recompense for the damage he sustained and the misery he underwent on account of the motor accident, that happened on 29th April, 1996.
2. The facts pleaded in the claim petition are these:
Brahma Nand Maurya is a native of Village Beladar, Post Shivpur, District Gorakhpur. On the 28th of April, 1996, he had gone to his sister's place at Balsadh. On the day following i.e. 29th April, 1996, he was returning home on board Jeep No. UPK-8702. He was sitting by the driver's side. When the Jeep reached near Village Palahipar at about 11.30 a.m. and was about the Durga Mandir, the driver, who was negligently driving the vehicle at a high speed, swerved out of control and hit a tree. The accident happened on account of negligence of the
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