Neutral Citation No. - 2025:AHC-LKO:29210 Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 843 of 2011 Appellant :- Milk Commissioner U.P. 3 Rd Floor Jawahar Bhawan Ashok Marg Respondent :- Rais Hasan Counsel for Appellant :- C.S.C. Counsel for Respondent :- Karuna Shankar Rastogi Hon'ble Abdul Moin,J. 1. Heard. 2. Under challenge is the award dated 29.11.2010 passed by the learned Special Judge Lakhimpur Kheri in Claim Petition No. 168 of 2008 Inre; Rahis Hasan Vs. Milk Commissioner and 3 Ors. By the said order, the learned tribunal has awarded an amount of Rs. 38,000/- to the claimant. 3. Bereft of unnecessary details, the facts as set forth by the learned Standing counsel is that the claimant Sri Rais Hasan was hit by a Jeep bearing Registration No. UP32 D 7966 on 19.12.2007. On account of severe injuries sustained by him, he was hospitalized. 4. The claim petition was filed claiming various amounts towards his treatment, loss of earning, mental agony etc. The learned tribunal vide impugned award has awarded a sum of Rs. 38,000/- along with six percent interest and hence the appeal. 5. The only argument as advanced by the learned Standing counsel is that there is no evidence of the vehicle being involved in the accident inasmuch as the vehicle on the said date was in the office for which log book entries were placed before the learned tribunal which have not been considered by the learned tribunal and consequently, the impugned award merits to be set aside on this ground alone. 6. No other ground has been urged. 7. The aforesaid ground as raised by the learned Standing counsel is found to be patently fallacious. The learned tribunal had framed various issues of which issue no. 1 was as to whether on 19.12.2007 at about 10 AM, a jeep bearing registration no. UP32 D 7966 had hit the claimant on account of which he suffered severe injuries. 8. Learned tribunal while deciding the said issue has considered the log book as had been filed by the appellant before the learned tribunal by contending that the DW-2 has failed to answer as to when the earlier meeting had taken place and as to when the next meeting took place so as to sustain and justify the entries in the log book. 9. The learned tribunal has also considered the statement of the other witnesses including the statement of the claimant and has thus conclusively held that the accident occurred from the vehicle in question. 10. Keeping in view the aforesaid specific finding of the learned tribunal, no case for interference is made out. Accordingly, the appeal is dismissed. 11. Let the learned lower Court records be returned back as per procedure. 12. The statutory deposit be also remitted to the learned tribunal as per rules. 13. Let a copy of this order be sent by the office to the learned tribunal within two weeks. 14. Upon receipt of the order, the learned tribunal shall inform the claimant about this order and the amount under deposit would be released as per rules. Order Date :- 16.5.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench