- (1.) Sri Hanuman Prasad Bharti (The Deceased ) was going on Motor Cycle on 16.09.1976 at about 13.30 hours. While he was driving the Motor Cycle he was hit by UTE 7513 (the Bus) belonging to UP State Road Transport Corporation (The Corporation).
(2.) In the accident the Deceased received fatel injuries and died. The widow as well as sons of the Decased (the claimant) filed Claim Petition No. 12/70 of 1977. It was partly allowed by the Addl. District and Sessions Judge/Motor Accident Claims Judge, Banda ( The Tribunal ) on 11.03.1982. The Tribunal has recorded the following findings: The monthly salary of the deceased was 1550/- per month; the family dependency on the basis of the salary of the Deceased was Rs. 79250/-; The Deceased was also negligent in the accident and contributed 25% towards negligence; The claimants are entitled compensation of 59,438/- out of this they have received 30,947/-
(3.) On the basis of the aforesaid finding the claim was decreed for 22,800 as part of the amount was already received and 20% was deducted for lump sum payment. The following order was passed. The claims for 22,800/- is decreed against both the opposite parties, who will be individually and severally liable to pay to the claimant in equal share. The amount of compensation be paid within 60 days of this judgment will not carry any interest otherwise the opposite parties will be liable to pay interest on the amount of consortium from the date of petition i.e., 26.4.1977.;