JUDGMENT :

NAJMI WAZIRI, J.

C.M. APPL. No. 2324/2020 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed-off.

MAC. APP. No. 24/2020 and C.M. APPL. No. 2322/2020

3. This appeal impugns the award of compensation dated 24.09.2019 passed by the learned MACT in Claim Petition No. 76655/2016, on the ground that there was contributory negligence on the part of the deceased, who held only a learner's licence but was riding the motor-cycle alongwith the pillion. It is the appellant's case that a learner's licence holder cannot ride a two wheeled motor vehicle with a pillion, as that is a traffic violation. The Court is of the view that a traffic violation by itself cannot be assumed to have contributed to the accident. For contributory negligence, the actual contribution to the accident ought to be proven i.e. there should be a link between his riding with a pillion and the accident. The facts of the case are rather ghastly. A young rider on a motor-cycle was crushed between two DTC buses when both of them were being driven in a rash and negligent manner. The nature of the accident has been recorded in the impugned order, inter alia, as under:-

"3.