(1.) These are two cross appeals filed by the State of Haryana, i.e. the owner of the bus involved in the accident concerned, and the claimants before the learned Motor Accident Claims Tribunal, Rohtak. Both sets of appellants are challenging the impugned Award, the State mainly on the issue of negligence, though an issue has also been raised with regard to the quantum of the compensation awarded, and the claimants being in appeal seeking enhancement of the compensation of Rs. 10,40,000/- awarded by the Tribunal.
(2.) The facts, as taken from the impugned Award of the Tribunal, are that the claimants (appellants in FAO No.3035 of 2007), had stated in the claim petition that on 09.11.2005, the first appellant, Dilbag Singh, along with his wife Kamla Devi and one Jaiwanti, were travelling in a Haryana Roadways bus bearing registration no.HR-46B-7246, going from Gohana to Rohtak. Respondent no.1 (in the claimants' appeal) was driving the bus allegedly at a fast speed in a rash and negligent manner. When the bus reached near the new bus-stand, Rohtak, at about 6:00 pm, the said respondent is stated to have stopped his bus in front of the middle gate of the bus-stand, upon which the first appellant-claimant, Dilbag Singh, alighted from the bus. However, when his wife, Kamla Devi, was in the process of getting down, respondent no.1 suddenly put the bus in motion again, without any signal in that regard from the Conductor. Kamla Devi is stated to have fallen down and was unfortunately crushed under the rear wheel of the bus, due to which she sustained multiple injuries. She was taken to the PGIMS, Rohtak, where she was declared to have been brought dead.
(3.) It was further contended that the deceased Kamla Devi was a Government employee and was working as a Store-Keeper in the PGIMS, Rohtak, drawing a monthly salary of Rs. 12,064/-. She was also stated to be an income tax assessee, with her PAN given in the claim petition. She was stated to be 47 years old when she died, and the claimants claimed that they had spent Rs. 15,000/- on her last rites.