REWATI AND ORS. Vs. UDAI SINGH AND ORS.

JUDGEMENT

(1.) THIS is the claimants' appeal seeking enhancement of the award dated 07.03.1991, passed by the Motor Accident Claims Tribunal, Narnaul (here -in -after referred to as the Tribunal). The grievance of the appellants is that Parbhati Lal deceased was an ex -serviceman and an agriculturist and his income has been taken on the lower side and the findings recorded on issue no.1 holding the deceased of contributory negligence was bad.

(2.) THE facts as narrated by the claimants were that Parbhati Lal was standing on the Kacha Berm of the road which was about four and a half feet above the metalled road. A Haryana Roadways bus came from the bus stand Narnaul side and was overtaking a camel -cart and went to the wrong side of the road and hit Parbhati Lal. Parbhati Lal fell down and suffered injuries on the head which proved fatal. The matter was reported to the police. Initially a DDR was lodged. The FIR was lodged the same day.

(3.) THE respondents took the plea that Parbhati Lal was under the influence of liquor and they were arguing and somebody pushed him on the road and was knocked down. The Tribunal partly accepted the statement of the eye -witness and the evidence led by the respondent and held it to be a case of contributory negligence. The income of the deceased was taken at Rs.1,500/ - per month as no evidence was led. The multiplier of 15 was applied and the loss was determined at Rs.90,000/ -. The respondents were directed to pay Rs.50,000/ - to the claimants.