JUDGMENT :

1. This is a claimant’s appeal, arising out of a judgment and award of the Motor Accident Claims Tribunal/the 9th Additional District Judge, Etawah dated 31.08.2000, rejecting the claim petition.

2. On the 6th of July, 1994 at about 8:15 p.m., Navneet Nain alias Navneet Agarwal, a resident of Kanpur, went over to meet a certain Oberoi, a contractor in that city. Navneet Nain rode his motorcycle, bearing Registration No. UP-75/1227 to destination. He was returning home located at 111/155, Harsh Nagar, VIP Road, Kanpur. Nain riding his motorcycle on the VIP Road had reached the gate of a certain G.C. Colony, situate two kilometers from Police Station Cantt. towards the east. A car, bearing Registration No. DDQ-8855, appeared on the spot and hit the motorcycle head on. In consequence of the four Wheeler's impact, the rider was thrown down. He sustained serious injuries to his person, including fractures and head injury. Nain’s motorcycle too was badly damaged. It is Navneet Nain’s case that he was riding his motorcycle at a moderate speed, keeping to the left hand side of the road when the accident happened. The offending car was driven at a high speed, negligently and withou