KAILASH WATI Vs. GURMAIL SINGH

JUDGEMENT

(1.) By this appeal, the claimants/appellants has sought enhancement of compensation as awarded by the Tribunal.

(2.) Brief facts relevant for the purpose of deciding this appeal are that Subhash Chand Gulati, aged around 32 years, working as a Staff Officer in Bank of India, drawing a salary of Rs. 1473/- per month, died in an accident on 13th December, 1979 on Delhi ? Gurgaon Road near Palam Airport. The deceased was driving his own Premier Padmini Fiat Car and there was head on collision between his car and Bus No. DEP-2144, coming from the opposite side. The learned Tribunal, on the basis of evidence, came to conclusion that the accident took place largely due to negligence of the deceased himself. However, the bus driver was also held to be negligent and the Tribunal concluded that it was a case of contributory negligence and the responsibility was apportioned as 50:50.

(3.) The deceased was married at the time of accident. He had been married only few months before the accident. However, the wife of deceased did not prefer a claim petition since she got re-married after two months of the accident. It is only the parents of the victim who filed the claim petition and made wife of the deceased as one of the respondents.