Rajendar Nath Mittal, J. - (1.) THIS judgment will dispose of F. A O No s 306 and 320 of 1971 which arise out of the same judgment of the Motor Accident Claims Tribunal, Hisaar.
(2.) BRIEFLY , the facts are that on January, 8 1969 at about 12 -30 P. M. Dr A K. Jalali, aged 31 years, was proceeding from Farm gate of the Punjab Agricultural University to the University Gate which are opposite each other. Balsmand Hissar Road runs between the gates. When he was on that road a bus belonging to Haryana Roadways Depot, Rohtak, came from the side of Balsmand and hit Dr. Jalali. He fell down at some distance from the place of occurrence. He was removed to the Hospital in the campus, of the University, now named as Haryana Agricultural University and was treated by Dr Sharma. He however, succumbed to the injuries on January 10, 1969 Kusum Jalali, the wife, and Miss Gurdrun Jalali, minor daughter of the deceased filed a claim application for compensation against the state of Haryana and Megh Raj, driver of the bus, inter alia on the ground that the accident took place on account of rash and negligent driving of the driver of the bus. The application was contested by the Respondents who pleaded that the deceased was responsible for the accident as he was not holding a licence and was driving the motor cycle rashly and negligently. Some other pleas were taken which do not survive for decision of this appeal
(3.) THE learned tribunal came to the conclusion that the driver of the bus as well as deceased was responsible for the accident to the extent of 40% to 60% respectively. He further held that the claimants suffered a total loss of Rs. 2,34,600/ -. He consequently granted to the claimants Rs. 97, 408/ -, after allowing certain other deductions Two appeals have been filed against the order one by the claimants and the other by the State of Haryana which have been numbered as F. A. O. Nos 306 and 320, respectively;