IMPORTANT POINT
The main legal point established in the judgment is the assessment of negligence, income, and functional disability in determining compensation for motor vehicle accidents under the Motor Vehicles Act, 1988.

JUDGMENT

Dharmesh Sharma, J. - This judgment shall decide the present appeal preferred by the appellants/Uttar Pradesh State Transport Corporation (UPSRTC) under Section 173 of the Motor Vehicles Act, 1988[MV Act], assailing the Impugned order dated 18.05.2015 passed by the learned Motor Accident Claims Tribunal, Central, Delhi[Tribunal] in suit No. 109/2011[Claim Application], titled as Sanjay Kumar vs. Subhash Chander, whereby the learned Tribunal granted compensation in favour of the claimant.

FACTUAL BACKGROUND:

2. Briefly stated, it was the case of the claimant that on 15.08.2010 at about 1:30AM, Sanjay Kumar/claimant, was driving a TATA-407 Tempo bearing registration No.HR-46-A-8402 and when he reached at village Netrampuri, Sikandarabad, U.P., suddenly a bus bearing registration No. UP-75-K-9332 (hereinafter referred to as the offending vehicle), driven by Respondent No.l/Subhash Chander/driver[Section 2(9) of MV Act: "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle] (appellant herein) at a very high speed, in a rash and negligent manner, hit the tempo. Consequently, the petitioner/victim/Sanjay Kumar sustained grievous injuries and an FIR No.340/2011 was registered on 15.08.2010 at PS Sikandarabad, U.P. regarding the accident. The injured/claimant was admitted at Civil Hospital, Bulandshahar, U.P. for treatment but was immediately referred to Safdarjung Hospital, New Delhi, and was discharged on 28.08.2010. As a result, the claimant filed a claim petition on 17.12.2013 seeking compensation.

3. The respondent No.1/Subhash Chander and respondent No.2/Depot Manager of UP Roadways/owner[Section 2(30) of MV Act: "owner" means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement] jointly filed their written statements, whereby negligence on the part of respondent No.1 was denied stating that he was driving the bus at a normal speed from Etawah to Delhi and that the tempo driver coming from the opposite direction in a rash and negligent manner, tried to overtake the bus. Further, it was submitted that the petition was bad for non-joinder of parties and misjoinder of necessary parties. The petitioner, on the other hand, placed several documents including the medical bills and hospital receipts so as to show his critical condition during the course of the treatment.

PROCEEDINGS BEFORE THE TRIBUNAL AND IMPUGNED ORDER:

4. Based on the pleadings, the following issues were framed by the learned tribunal:

"i. Whether the petitioner Sh. Sanjay Kumar had suffered grievous injuries in road traffic accident on 15.8.2010 at about 1:30 am due to rash and negligent driving of the vehicle bearing registration no. UP-75-K9332 by Respondent no.1?

ii. Whether the petitioner is entitled to any compensation, if so, to what amount and from whom?

iii. Relief."

5. The petitioner examined himself as PW-1 and further proved the original referral letter issued by the Civil Hospital, Bulandshahar, UP for treatment at the Safdarjung hospital, New Delhi. During the cross examination, he clarified that he was driving the vehicle/tempo at a speed of 40-50 Km per hour and further testified that he had no documentary evidence/proof to show that he was earning Rs.8000/-wages per month. It was brought in the evidence of PW-2/Dr. Aseem Taneja, that the petitioner had suffered 86% permanent disability as per the disability certificate (Ex.PW2/B), which is unlikely to improve in his lifetime. The germane observations have been reproduced under:

"During cross-examination he clarified that he was going fr