- (1.) THIS is claimants' appeal for enhancement of compensation.
(2.) ASHI, wife of Umesh Kumar and mother of the remaining appellants, died on account of accident on 5. 9. 1982. It is the case of the appellants that Umesh Kumar along with his wife (now deceased), his minor sons and his brother was travelling in a Haryana Roadways bus bearing No. HYK 1817. They boarded the bus from Delhi for Kaithal. The bus was being driven in a rash and negligent manner by Tara Chand, driver. Another bus bearing No. PUQ 4628 which was coming from Kaithal side was too being driven in a rash and negligent manner. The drivers of both the vehicles did not take appropriate steps to control the speed of their respective vehicles and so met with a head-on collision on account of which many passengers died and many others received multiple injuries. The claimants in the present case laid claim for a sum of Rs. 1,00,000/- on account of the death of Ashi.
(3.) THIS claim was resisted by respondent Nos. 1 and 2 who placed the whole burden upon the driver of Punjab Roadways bus No. PUQ 4628. Respondent Nos. 3 and 4 in turn placed the whole burden upon the driver of bus No. HYK 1817. On the pleadings of the parties, following issues were framed: (1) Whether the accident in question took place due to rash and negligent driving of Haryana Roadways bus or Punjab Roadways bus, or of both? Onus on parties. (2) To what amount of compensation are the claimants entitled and from whom? OPP. (3) Relief. The Tribunal came to the conclusion that it was a case of contributory negligence to the extent of 50:50 on the part of the drivers of the Punjab Roadways bus as well as of Haryana Roadways bus and in this way issue No. 1 was decided. With regard to amount of compensation to the claimants, the Tribunal came to the conclusion that at the time of accident Ashi was not employed. However, keeping in view the fact that the claimants would have to procure the services of a servant and a tutor to look after the studies of the minor sons, namely, Manu and Kunal, the Tribunal assessed the dependency at Rs. 2,400/- per annum, i. e. , Rs. 200/- per month. The Tribunal applied a multiplier of 10 and so assessed the compensation payable at Rs. 24,000/ -. In addition to it, the claimants were held entitled to interest at the rate of 6 per cent per annum from the date of the filing of the petition till realisation.;