DEPOT MANAGER Vs. KHETWATH GHAMSHEE BAI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against award dated 21-9-2002 in O.P.No.1425/2001 on the file of Motor Accidents Claims Tribunal (District Judge), Nizamabad (for short "the Tribunal").

(2.) THE Depot Manager and Managing Director of Maharashtra Road Transport Corporation are the appellants. THE claimants who filed the O.P. before the Tribunal are the respondents.

(3.) AT the hearing, the learned counsel representing the appellants raised two contentions i.e., (i) that the accident occurred on account of head-on collision of the deceased with the bus and therefore there was contributory negligence on the part of the deceased and that the Tribunal has committed an error in not apportioning the compensation and deducting part of the compensation apportionable to the negligence of the deceased and (ii) that the deceased being an agriculturist, the Tribunal has committed error in not deducting reasonable proportion of the assessed income apart from the personal expenses of the deceased as held by the Supreme Court in State of Haryana and another Vs. Jasbir Kaur and others 2003(7) SCC 484.