NIRMAL Vs. RAM KANWAR

JUDGEMENT

(1.) This is an appeal filed by the wife, daughter and mother of deceased Shiv Kumar on account of his death. At the very outset, it is stated by counsel for the appellants that Smt. Parmeshwari Devi mother of deceased Shiv Kumar has expired during the pendency of appeal, so the present appeal may be treated only qua the wife and daughter of deceased Shiv Kumar.

(2.) While deciding the claim petition, the Tribunal determined the income of the deceased who was stated to be running Kiryana Shop, had a matador and was also partner in the printing press business, at Rs. 1,400/- per month with dependency at Rs. 900/- per month i.e. Rs.10,800/- per annum and applied a multiplier of 16. The compensation was arrived at Rs. 1,72,800/- which was reduced to a half because of findings on contributory negligence. The amount of compensation was ordered to be shared between claimants in the manner indicated in the award.

(3.) Brief facts of the case are that in the night intervening 8/9.5.1989 the driver of Haryana Roadway bus brought the bus to Gurgaon from Rohtak where he had taken a marriage party. The marriage party was dropped back outside village Gurgaon. The allegations in the claim petition are that the driver of the bus sped away the bus while deceased Shiv Kumar was still in the bus. In spite of repeated requests made by deceased Shiv Kumar, the driver did not stop the bus and reached the turning of Post Office Chowk where it was slowed down. However, when the deceased Shiv Kumar was alighting from the bus, the driver again accelerated its speed and threw deceased Shiv Kumar from bus, who suffered head injuries. The occurrence was witnessed by Sh. Satish Chand Jain and Lal Singh Chowkidar. The matter was immediately reported to the Police by Lal Singh Chowkidar. The Tribunal while accepting the petition held that since there was contributory negligence, the amount of compensation awarded was reduced to 50%.