Neutral Citation No. - 2025:AHC:80663 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 215 of 2010 Appellant :- U.P. State Road Trans. Cor. Thru R.M. Meerut Respondent :- Monu Yadav Counsel for Appellant :- Ved Byas Mishra Counsel for Respondent :- Krishna Kumar Sharma Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri Ved Byas Mishra, learned counsel for the appellant and Sri Sandeep Kumar Pandey, Advocate holding brief of Sri Krishna Kumar Sharma, learned counsel for the respondent. 2. This first appeal from order under Section 173 of the Motor Vehicle Act, 1988 has been filed on behalf of the appellant against the judgment and award dated 03.10.2009 passed by First Additional District and Sessions Judge/ Motor Accident Claim Tribunal, District Bagpat in M.A.C.P. No.77 of 2008 (Monu Yadav vs. Uttar Pradesh State Road Transport Corporation), awarding compensation of Rs. 3,72,000/- to the claimant on account of injuries received by him in a road accident occurred on 03.03.2008. 3. It is submitted by learned counsel for the appellant that the claimant has failed to prove the rash and negligent driving of driver of bus of appellant. It is further submitted that the claimant aged about 19 years, having no income and the Claims Tribunal has erred in accepting Rs.3,000/- as monthly income of the injured. No other ground has been pressed by learned counsel for the appellant. 4. On the other hand, learned counsel for the claimant-respondent submits that the claimant has fully proved the involvement of bus as well as rash and negligent driving of bus driver by cogent evidence. It is further submitted that the claimant has fully proved his income by producing evidence as Rs. 8,000/- per month. 5. Considering the submission of learned counsel for the parties and perused the record. 6. The claimant, who was an eye witness of the accident had appeared as PW-1 and fully proved the rash and negligent driving of driver of appellant. The FIR was lodged against the driver of bus and the Investigating Officer, after due investigation has submitted charge-sheet against the bus driver. The statement of bus driver was recorded as DW-1, and he denied the factum of accident. The Claims Tribunal, while deciding issue nos. 1 and 2 has recorded the findings that the accident was occurred on account of rash and negligent driving of bus driver and evidence of DW-1 was disbelieved, as he was an interested witness as there was charge sheet against him. The finding recorded by Claims Tribunal in respect of rash and negligent driving of bus driver is based on evidence and materials which are available on record and there is no illegality in any manner. So far as quantum of compensation is concerned, the Claims Tribunal had accepted monthly income of the injured as Rs.3,000/- per month in view of law laid down by the Hon'ble Apex Court in the case of Laxmi Devi & Others vs Mohammad Tabbar & Another reported in 2008 (2) T.A.C. 394 (S.C.) As per the disability certificate there was 70% disability to the injured claimant and the Claims Tribunal has accepted 50% loss of earning. The Claims Tribunal had not awarded any amount for future prospects and in overall assessment the compensation awarded by Claims Tribunal is just and proper. The compensation awarded by the Claims Tribunal cannot be said to be excessive in any manner. No ground is made out to interfere in the impugned award. 7. The first appeal from order is devoid of merits and is hereby dismissed. 8. Interim order, if any, stands discharged. Order Date :- 15.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad