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.;