KRISHNA KUMAR SHARMA Vs. SHIV RAJ SINGH

JUDGEMENT

(1.) MIT.

(2.) With the consent of the parties matter has been heard and disposed of by this order

(3.) The appellants are the parents of one Mr.Sudhir Kumar Sharma who died on 5.2.1996 in a road accident caused by the rash and negligent driving of the bus by its driver. The appellants filed an application before the Motor Accident Claims Tribunal claiming compensation for the death of their son in the said accident. It was alleged in the application that the accident was caused entirely due to the rash and negligent driving of the bus, which collided with a tractor as a result of which the deceased who was standing near the rear gate fell down on the road and was run over by a tractor trolley. The Tribunal in the impugned judgment has held that the deceased at the time of the accident was travelling on the rear foot board of the bus and fell down on the road because of the impact of the collision the bus had with the tractor trolley and was run over by the tractor trolley. The Tribunal was, however, of the opinion that the deceased was equally responsible for the accident as he was travelling on the foot board of the bus and taking it to be a case of contributory negligence, the Tribunal held that the appellants will not be entitled to more than 50% of the compensation to which they would have otherwise been entitled had there been no negligence on the part of the deceased. The deceased was 17 years of age at the time of death and was not earning anything. Taking the notional income of the deceased to be Rs.15,000/- per annum as per Second Schedule to the Motor Vehicles Act, the Tribunal deducted 1/3rd towards personal expenses of the deceased and the loss of dependency to the parents was taken at Rs.10,000/- per annum. Applying the multiplier of 13, the total loss of dependency was taken to be Rs.1,30,000/-. Adding to this, a sum of Rs.5,000/- towards funeral expenses and another sum of Rs.25,000/- towards non-pecuniary damages, the total compensation of Rs.1,60,000/- was assessed to be payable to the parents of the deceased. Since it was held by the Tribunal that the deceased was equally responsible for the accident, 50% of the compensation was directed to be paid to the appellants. It was, therefore, directed by the Tribunal that a sum of Rs.80,000/- be paid to the appellants along with interest @ 9% per annum from the date of the petition till realisation of the amount. This award has now been challenged by the appellants by filing the present appeal.