SATISH CHANDRA, J. - (1.) HEARD Sri S.K. Tewari, learned Counsel for the ap­pellant and Sri Ravindra Pratap Singh for the respondent.
(2.) THIS is an appeal filed by the ap­pellant under Section 173 of Motor Ve­hicles Act against the judgment and award dated 7th March, 2005 passed by the Motor Accident Claims Tribunal, Barabanki in Claim Petition No. 327 of 2002. The brief facts of the case are that on 18th March, 2002, the claimant Sri Ram Sudharey was going from village Dubaki to his village Masauli by cycle. When he was reaching near Masauli po­lice-station, the driver of U.P.S.R.T.C. No. UP 42, T-0473 was driving the bus rashly and negligently and hit the claimant- re­spondent. He fell down and sustained in­juries. The Chief Medical Officer, Barabanki has given the certificate certi­fying 40% permanent disability. The claim­ant filed the claim petition before the Mo­tor Accident Claims Tribunal, Barabanki, who has awarded compensation of Rs. 1,03,612 by the impugned order. Not be­ing satisfied, the appellant is before this Court.
(3.) WITH this background, learned Counsel for the appellant stated that claimant Sri Ram Sudharey S/o Sri Bhai Lal was riding the cycle carelessly and he came before the bus without any indication, so he himself is solely responsible for the said accident. The claimant is a labourer in the village and there is no per­manent employment, so the compensa­tion was awarded on higher side. The bus driver was an experienced driver and was driving the vehicle with slow speed as per the traffic rules and the cycle was com­ing from the wrong side. Lastly, he made a request that the impugned order of the Tribunal may be set aside.;