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 Jeep driver. Brahma Nand Maurya (hereinafter referred to as 'the claimant') was admitted to the Emergency Section of the District Hospital, Gorakhpur. Since his medical condition deteriorated, the doctors there lost hope. He was then admitted to the care of Dr. S.C. Kaushik, an Orthopedic Doctor at the Jeevan Jyoti Medical Centre, Kasya Road, Betia Hata, Gorakhpur. The head of his left femur had been badly fractured on account of the injury. During the ensuing surgical operation, the femur head was removed, which is attached to the hip joint. In consequence, the claimant's leg was shortened by an inch and a half. This caused the claimant considerable difficulty in movement. The middle finger of his right hand was bent. The hip joint was dislocated because its head was fractured.

3. The claimant suffers from perpetual pain on this account. The claimant remained admitted to the District Hospital from 29.04.1996 to 30.04.1996 and then from 30.04.1996 to 26.06.1996 at Dr. S.C. Kaushik's Nursing Home. Between 26.06.1996 to 26.07.1996, Dr. S.C. Kaushik visited the claimant at his home five times during the duration. These visits were at the claimant's cost. During each of these visits, Dr. Kaushik would do the claimant's dressing etc. According to the claimant, he was entitled to a compensation of more than Rs.9 lakhs under various heads. It was urged that he was enrolled as an Advocate in the year 1974 and had a legal practice worth Rs.6000/-per month. In addition, he would earn from agriculture that he did, Rs.4000/-a month. After he was handicapped on account of the accident, all his income was effaced. He was bed ridden for four months. His practice had spanned across a period of 22 years, which was all ruined. His clients moved away to different chambers. The claimant is the lone son of his parents. The handicap has left no one at home to carry on farming etc. The claimant asserted that he has suffered immense physical and mental pain. His future had turned bleak.

4. A written statement was filed on behalf of Ram Nakshatra Singh, who pleaded that he is not the owner of the offending Jeep. Long before the accident happened, he had sold the Jeep to Adya Prasad Pandey, which stood transferred to his name. Ram Nakshatra Singh, therefore, said that he had no liability in the matter. Ram Nakshatra Singh was impleaded as opposite party No.1 to the claim petition and respondent No.2 to the appeal.

5. Adya Prasad Pandey was impleaded as opposite party No.2 to the claim petition and respondent No.3 to this appeal. He will hereinafter be called the owner. He filed a written statement separately and admitted the fact that he was the registered owner of the offending Jeep. It is averred that the Jeep aforesaid had not met with any accident on 29.04.1996 at 11.30 a.m.