(1.) The parties have challenged the common impugned award whereby the compensation of Rs. 2,60,000/- has been awarded to the legal representatives of the deceased, Sanjay Kumar, Rs. 75,000/- has been awarded to the legal representatives of the deceased, Neelam and Rs. 3,50,000/- has been awarded to the legal representatives of the deceased, Sunil. The appellants in MAC.APP.Nos.541-542/2005, 545- 546/2005 and 552-553/2005 seek reduction of the award amount whereas the appellants in MAC.APP.Nos.446-449/2005, 451-454/2005 seek enhancement of the award amount.
(2.) The accident dated 26 th March, 1999 resulted in the death of Sanjay, Neelam and Sunil and injuries to Anil and Ravi who were all travelling in Maruti Car No.DL-4C-1096 which met with an accident with DTC bus No.DL-1PA-2849.
(3.) Mr. J.N. Aggarwal, the learned counsel for DTC submits that Sanjay Kumar, driver of the Maruti Car No.DL-4C-1096 was contributory negligent to the extent of at least 50% and, therefore, the compensation is liable to be reduced to that extent. The learned counsel for DTC submits that half of the road was closed due to repairs and the traffic on both sides was moving on the half road. It is further submitted that the Maruti Car was overtaking the oil tanker and in the process, there was a head on collision between the Maruti Car and the DTC bus.