Negligence of the bus driver and the determination of compensation amount based on the deceased's means and family circumstances.

ORDER

1. Delay condoned.

2. Leave granted.

3. In view of the facts which are undisputed or are found proved, it is clear that the negligence of the bus driver as a cause of the fatal, accident has to be held proved. The bus was coming downhill while the decreased was going on a motorcycle uphill and the accident occurred on a curve. The traffic rules require precedence to be given to the traffic moving uphill by the traffic going downhill. This duty of the bus driver coming downhill was even greater on a curve. Moreover, the distance to which the motorcycle was pushed back as a result of the impact and the distance at which the motorcyclist fell after the impact with the bus indicate that the bus was being driven at a comparatively high speed while coming downhill even when the bus driver had omitted the traffic moving uphill on a curve.

4. The High Court was, therefore, in error in taking the view that the negligence of the bus driver was not proved. That finding is, therefore, set aside.

5. On the above conclusion, the question now is of the amount of compensation to be awarded. The deceased Sunder Lal was aged 37 years at the time of his death. The claimants are his widow and four minor children. No clear finding has been, given by the Tribunal of the monthly income of the deceased and the High Court has also not adverted to this aspect. However, it is clear that the deceased was a man of some means since he owned a motorcycle, was in timber business and was able to provide, for a family comprising of his wife and four minor children. In these circumstances, the amount of Rs 42,000 assessed as compensation by the Tribunal is too inadequate. We direct that the claimants be paid, in addition to the amount awarded by the Tribunal, a further lump sum amount of rupees one lakh only. It is not clear whether the amount awarded by, the Tribunal has been paid to the claimants. In case that amount has not as yet been paid to the claimants or has been refunded after the decision of the High Court rejecting the entire claim, the same would be payable on the same terms as directed by the Tribunal and in addition, a further sum of rupees one lakh in all (inclusive of interest) would be paid to the claimants by Respondent 1-Himachal Pradesh Road Transport Corporation. The entire amount due to the claimants by virtue of this judgment would be paid to the claimants by Respondent 1 within 6 weeks from today. The amount would be paid to the claimants through a nationalised bank.

6. The appeals are disposed of. No costs.