DINESH LODHI Vs. REKHA AGRAWAL

JUDGEMENT

(1.) This is an appeal preferred by the claimant for the enhancement of the amount of compensation and also to challenge the percentage of negligence.

(2.) The Tribunal in the present case has held income of the deceased as Rs. 1,500 per month and the date of accident as 15.4.1998. The Tribunal has also held that the deceased was negligent up to the extent of 50 per cent. These findings are challenged by the claimants by filing the present appeal.

(3.) The facts leading to the present case are that on the date of accident, i.e., on 15.4.1998 the deceased Devendra Kumar was on his bicycle and according to the claim application the bus bearing registration No. MP 04-E 7433 which was driven rashly and negligently dashed the said cycle. With the result the deceased suffered injuries resulting into his death on the spot. The naksha panchnama, Exh. P2, was proved by the appellant. According to the same the place of accident is NH 12, i.e., Jabalpur to Bhopal.