STATE OF HARYANA Vs. BANTI DEVI

JUDGEMENT

(1.) On 3.9.1992, Balkar Singh, a young man of 21 years, boarded the Haryana Roadways bus at village Laha to go to Naraingarh. The bus had hardly gone some distance when the accident occurred. He fell out of the bus and died. The parents claimed compensation. Haryana Roadways, Yamunanagar and Naresh Kumar, driver, contested the claim. The Tribunal framed the following issues:

(2.) Aggrieved by the award, the State of Haryana as well as the claimants have filed F.A.O. Nos. 300 and 283 of 1994 respectively.

(3.) On behalf of the State of Haryana, it has been contended that once the deceased has been found to have contributed to the accident, both the deceased as well as the driver should have been held to be equally liable. As a result instead of allowing for 1/3rd deduction, the Tribunal should have imposed a cut of 50 per cent. No one has appeared on behalf the claimants.