PIARI DEVI Vs. H.R.T.C.

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, is directed against the award of the MACT(II), Solan in MAC Petition No. 14 -NL/2 of 2002 decided on 2.4.2004 whereby he has awarded a sum of Rs. 61,800/ - in favour of the claimants.

(2.) The admitted facts of the case are that the deceased Amin Chand, was the husband of appellant No. 1 and father of appellants No. 2 and

(3.) He met with an accident on 22.4.2004 at about 7.45 p.m. when he was alighting from Bus No. HP -14 -4103. The Tribunal on the point of negligence held that the deceased was equally negligent and had contributed towards the accident. The Tribunal has come to the conclusion that the earning of the deceased was about Rs. 1600/ - per month and has assessed dependency at Rs. 19,200/ - per annum and by applying the multiplier 8 assessed the compensation to Rs. 1,13,600/ -. In addition, the Tribunal awarded Rs. 10,000/ - as conventional charges and the total amount of compensation payable was Rs. 1,23,600/ -. In view of the contributory negligence of the deceased, the Tribunal has awarded a sum of Rs. 61,800/ - to the claimants No. 1 and 2 only.