H.N. Seth, J. - (1.) THE Appellants who are widow, mother and three minor children of the deceased, Mahesh Sharma, have come up in appeal against the award made by the Motor Accident Claims Tribunal (2nd Additional District Judge, Mathura) dated 28 -2 -78 awarding them compensation amounting to Rs. 5000/ - only.
(2.) SRI Mahesh Sharma was involved in an accident with Bus No. HRM 7094 belonging to Haryana Rajya Pariwahan as a result of which he died on 21st September, 1976. According to the claimants, the deceased, on the date of occurrence, was going on his motor cycle to village Allapur from Mathura side to Delhi side. Bus No. HRM 7094 driven by the driver Kalu Ram was coming from Delhi side and was proceeding towards Mathura. As Mahesh Sharma tried to turn towards the right, the bus which was being driven negligently by Kalu Ram collided with bake. Portion of his motor cycle. Mahesh Sharma fell down and eventually succumbed to the injury received by him. According to the claimants Mahesh Shatma was a young man aged 34 years and he was at that time earning a sum of Rs 750/ - p. m. They therefore, claimed that they were entitled to damages amounting to Rs. one loc. The claim made by the Appellants was contested by Haryana Rajya Pariwahan and driver, Kalu Ram. According to the Defendants, the accident which took place could be attributed to any negligence on the part of the driver and as such the Appellants were not entitled to claim any compensation from them.
(3.) THE Claims Tribunal, after going through the evidence produced in the case, came to the conclusion that the accident which took place was as a result of contributory negligence on the part of both the bus driver and the deceased, Mahesh Sharma. It, however, opined that in the circumstances, the negligence on the part of Mahesn Sharma was 10 times more than that of K1lu Ram. While calculating the quantum of damages, it came to the conclusion that having regard to the fact that the deceased was at the time of accident drawing a salary of Rs. 750/ -, the total and lair amount of compensation to which his legal representatives would be entitled to should, in the circumstances, be computed at Rs. 60,0i0/ -. Hoverer, in view of the tact that one of the claimants, namely Smt. Santosh Sharma was an earning member, the Tribunal thought that it would be proper to reduce the total amount of compensation by a sum of Rs. 10,000/ -. In view of the fact that the accident took place as a result of contributory negligence both on the part of the deceased Mahesh Sharma and the bus driver, Kalu Ram the Tribunal held that the claimants were entitled to only l/10th of the total amount of Rs. 50,000/ -.;