G.M.LODHA,J. - (1.)THESE two cross appeals have been filed by the R.S.R.T.C. and Smt. Vidhya Sharma, against the award of the Motor Accident Claims Tribunal dated 17 -12 -1980.
(2.)ONE Kailash Sharma, now deceased was milk seller. On 3rd September, 1978, at 4.00 a.m. Kailash Sharma, with Suresh and Narendra wanted to go to Jaipur from Village Gidani. They stood in the Katcha' near the road and gave signal to bus No. RSM 961 to stop and pick them up. The bus driver was driving the vehicle rashly and he struck Kailash on account of which he died on the spot. The bus was being driven by Damodar Prasad.
The defence of the Corporation is that the accident happened due to negligence of Kailash Sharma. Near Gidani, stand 5 and 6 persons were standing. When the bus came nearer they came on road and raised their hands to stop the bus when the bus did not stop then they started running hither and thither and 4 to 5 persons ran away on the left side and one on the right side which was wrong side. This person was heavily drunk and therefore, he struck the bus and collided with it and resulted in death.

(3.)THE tribunal has held that both driver of the bus as well as the deceased were responsible for this accident. The tribunal discussed the evidence of AW 2, Suresh Chandra, AW 4, Hanuman Singh, who have stated that deceased was standing on the right side in katcha and raised the hands. The Tribunal found that the deceased was dragged from point A to B for 58 feet. The tribunal was the opinion that both the parties have not come with reliable evidence.