MOHD LATIF Vs. RASHID KHAN

JUDGEMENT

(1.) This appeal is directed against the award dated 11-10-2001 Tribunal, Begamganj, District Raisen in Claim Case No. 17 of 2000 by which an amount of Rs. 77,800 along with 12 per cent interest has been awarded in favour of the appellants.

(2.) In this appeal, appellants have challenged the quantum of the award and also the finding of the Tribunal in respect of contributory negligence of the deceased. The facts of the case are that on 26-8-2000 the deceased Mohd. Saleem was travelling on a bus from Bhopal to Sagar. This vehicle was driven by respondent Rashid Khan and was owned by Madhya Pradesh State Road Transport Corporation, Depot Sagar, District Sagar. At about 10 p.m. when the busreached Gairajganj in front of Sharma Hotel, deceased Mohd. Saleem was to get down there and when driver slowed down the bus, Saleem alighted. When alighting from the bus he fell down resulting in serious injuries in his waist, hips and on chest. Saleem was brought to the hospital where he was declared dead. The deceased was a mechanic and was carrying on truck and tractor repairing work and as per the claimants he was earning Rs. 8,000 per month. On the aforesaid ground the claimants who are parents of the deceased Saleem have claimed Rs. 57,90,000 along with interest from the respondents.

(3.) Respondents contested the caseby filing written statement, in which the respondents have denied the allegations of the claim petition. No specific defence has been taken by respondents in the Written statement. On the basis of the pleadings of the parties the Tribunal framed six issues and both the parties led evidence.