SONA DEVI Vs. RAJ PAL

JUDGEMENT

(1.) This judgment of mine shall dispose of F.A.O. Nos. 583 and 609 of 1986 as both the appeals have arisen out of the common award dated 17.3.1986 passed by the Motor Accident Claims Tribunal, Karnal (for short 'the Tribunal'). However, the facts are being taken from F.A.O. No. 609 of 1986.

(2.) Karam Singh, who was riding a motor cycle was run over by the Haryana Roadways bus bearing registration No. HRD-7592, being driven by Raj Pal, respondent No. 1, on 10.8.1985 at about 5.45 p.m., on the road in front of the petrol pump at Indri. Natha Singh, who was a pillion rider suffered multiple injuries. The mother, widow and two minor children of Karan Singh filed claim petition on account of his death in the road accident. They claimed a compensation of Rs. 3,00,000/- for the loss of dependency. The claim petition filed by the claimants was resisted on behalf of the respondents. According to them, the accident had occurred on account of the negligence of Karan Singh deceased. After hearing the counsel for the parties and on examining the evidence adduced on record, the Tribunal held that the accident had occurred due to contributory negligence of both the driver of the bus and Karan Singh deceased. Karan Singh, who was 28 years of age at the time of the accident, was stated to be a photographer by profession. According to the claimants, he was earning Rs. 2,000/- per mensem. However, the Tribunal assessed the monthly income of the deceased at Rs. 1200/-. After deducting one third amount on account of personal expenses. The dependency of the claimants was determined at Rs. 800/- per month. After applying the multiplier of 16, the Tribunal determined the total compensation of Rs. 1,53,600/-. By making a deduction of 50 per cent on account of contributory negligence of the deceased, the total compensation of Rs. 76,800/- was ordered to be paid to the claimants.

(3.) It is against the award dated 17.3.1986 passed by the Tribunal that the claimants as well as the State of Haryana have filed the present appeals.