VINEET KOTHARI,J. - (1.) The Rajasthan State Road Transport Corporation (RSRTC), owner of the vehicle (Bus No.RJ 10 P 715) has filed the present appeal, aggrieved by the award of the learned Motor Accident Claims Tribunal, Churu dated 08.06.2000 in Claim Case No.99/99 (Rahisa and Ors. v. Antarsingh and Ors.), awarding a sum of Rs. 3,36,400/- for the death of Mushtaq, aged 25 years, who was travelling in the said Bus No. RJ 10 P 715, and while disembarking from the said Bus with his brother Sher Mohammad, on account of sudden start of the said Bus by the driver, Antar Singh on the signal given by the Conductor, Badri Prasad, the said passenger Mushtaq got crushed by the rear tyre of the said Bus and suffered fatal injuries and died on his way to hospital.
(2.) The learned Tribunal gave findings about rash and negligent driving of the RSRTC Bus driver and compensation amount in the following manner:- ...[VERNACULAR TEXT OMITTED]...
(3.) Learned counsel for the appellant-RSRTC Mr.M.P.Goswami for Mr.Anil Bachhawat submitted that it was a case of contributory negligence of the deceased passenger Mushtaq also, who got down from the said Bus, not at the prescribed bus stand, but near Kabristaan on Ganganganagar-Sardarsahar Road, and he did not take adequate care to go away from the said Bus and remained near the bus, and on account of his own negligence, he got injured from the back side rear tyre of the said bus, which the driver of the vehicle could not obviously notice and the driver proceeded to drive the said vehicle only after the signal given by the Conductor, after disembarking of 4-5 passengers from the said bus on that spot, including the brother of the deceased Sher Mohammad, who was examined by the learned Tribunal. He therefore, submitted that it was a case of contributory negligence, and therefore, the compensation deserves to be reduced to the extent of at least 50%, as far as liability of the appellant-RSRTC is concerned. He also submitted that the award of compensation to the extent of Rs. 3,36,400/- is also on the excessive side, since future prospects of the increase in the income have been taken to be at double the rate of his salary.;