The main legal point established in the judgment is the requirement for evidence to prove contributory negligence, the validity of a disability certificate, and the assessment of compensation based on the extent of permanent disability and loss of earning capacity.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Shri Rahul Agarwal, learned counsel for the appellant and Shri Bed Kant Mishra, learned counsel for the opposite parties.

2. This appeal has been filed against the judgement and award dated 31.10.2015 passed by Motor Accident Claims Tribunal /Additional District Judge, Court no. 18, Meerut, in MAC No. 619 of 2014 by which the learned tribunal has awarded a compensation of Rs. 3,64,500/-with 7% simple interest per annum from the date of filing of this claim petition.

3. Aggrieved by the impugned award, the UPSRTC/appellant has filed this appeal stating that the plea of contributory negligence on the part of TATA-407 was not properly considered. The claimant was driving a motor cycle without a valid driving license and there was contributory negligence on his part. The disability certificate was not issued by the CMO, it was issued by a private doctor and the same should not have been relied. The compensation amount has been arbitrarily assessed and is in the higher side. The injury sustained by the claimant is not in the nature of permanent disability. It was also not shown that after the accident the claimant was terminated or removed from his job. The injury which was sustained by the claimant was on his jaw and it could not effect the job of the claimant weigh man clerk. There was no cogent evidence with regard to income of the claimant. The compensation and interest is highly excessive and the award being not acceptable under law should be set aside.

5. In respect of an accident dated 11.05.2014 which took place at about 6:30 AM when the claimant was going on his motor cycle from Hapur to Meerut. When he reached to town Kharkhauda, the Roadways Bus No. UP 15 AT -0814 which was driven by driver very rashly and negligently came from the side of Meerut and dashed the motor cycle and the claimant sustained serious injuries. The claimant remained under treatment for a very long period and it resulted in permanent disability. He was working in the Suger Mill Modi Nagar as claimant clerk and he was aged about 28 years. Therefore, this petition has been filed for compensation.

6. The defendant UPSRTC filed a written statement denying the allegations of the petition and stating that the accident did not occurred because of the rashness and negligence of the driver of the Bus. The driver was having valid and effective driving license. The said accident took place because of rash and negligent driving of a truck U.P. 37-T-0371 which dashed the bus resulting collision with the motor cycle. The claimant was not having the valid driving license. He was not wearing the helmet. There was contributory negligence on his part, the driver of the truck and the owner has not been made party.

7. The driver Satyaveer Singh has also filed written statement who has stated that at the time of the accident, he was having a valid driving license. He has denied that the accident took place by his bus and has stated that, if at all, there is any responsibility of paying compensation the same should be paid by the UPSRCT.

8. On the basis of pleadings of parties, following issues have been framed, the English translation thereof is as follows:

1. Whether on 11.05.2014, at 6:30 a.m. when the claimant was going on his motor cycle from Hapur to Meerut and when he reached to town Kharkhauda, the Roadways Bus No. U.P. 15 AT-0814 which was driven by driver very rashly and negligently came from the side of Meerut, dashed the motor cycle and the claimant sustained serious injuries?

2. Whether the accident occurs due to rash and negligent driving of Truck no. U.P. 37 T-0371 by the driver who dashed the motor cycle of the claimant?

3. Whether the said accident is the result of rash and negligent driving of claimant itself?

4. Whether the accident is the result of contributory negligence?

5. Whether the driver of Roadways Bus No. U.P. 15 AT- 0814 was having valid and effective driving license on the date of accident?

6. Whether the