The onus to prove contributory negligence remains on the owner of the vehicle, and the applicable multiplier for calculating compensation should be determined based on the claimant's age at the time of the accident.

1. The above-captioned two appeals arise out of common impugned Award of 24th March, 2009 vide which Motor Accident Claim Tribunal, Delhi (hereinafter referred to as “The Tribunal”) has granted compensation of Rs. 8,08,600/- with interest @ 7.5% p.a. on account of injuries sustained by Claimant-Virender in a road accident on 26th December, 2005. In the above-captioned first appeal, the owner of bus in question seeks reduction of quantum of compensation while asserting that it is a case of contributory negligence whereas, in the above-captioned second appeal, Claimant-Injured seeks enhancement of compensation.

2. As per order of 27th October, 2009, service is complete in these two Appeals. With the consent of learned counsel for the parties, these two appeals have been heard together and are being decided by this common judgment. The factual narration as noted in the impugned Award is as under:-

“Brief facts giving rise to the present claim petition are that on 26/12/2005 at about 4.00 pm, the injured/petitioner Virender was travelling in the offending bus bearing registration no. RJ 32PA 0018 from Delhi to Sohna. When we had reached at Rajeev Chowk, Gurgaon, Hariyana and was alighting from the offending bus, all of a sudden, the driver of the offending bus had driven the bus at high speed in rash and negligent manner. As a result thereof, the petitioner had fallen down on the road and the rear wheel of the offending bus had passed over his right leg. He was taken to Safdarjung Hospital where he had remained hospitalised and is still under treatment.”

3. Suffice to note that the Tribunal has taken the age of Claimant-Injured as 38 years on the day of accident in question and has noted that he was earning his livelihood by selling toys and was earning Rs. 8,000/- per month. As per copy of Disability Certificate (Ex.PW-1/7), the permanent disability of Claimant-Injured is assessed as 80% in right lower limb due to amputation of right leg above knee. Claimant-Injured has relied upon Estimate (EX PW-1/24) from TECHNOMED (INDIA) PRIVATE LIMITED indicating that cost of obtaining an artificial limb in January, 2006 was Rs. 2,35,000/-. Apart from the evidence of Claimant-Injured, the Tribunal has taken into consideration the evidence of Ram Singh (R-1/W1), driver of bus in question, to render the impugned Award.

4. While entertaining the appeal by Rajasthan State Road Transport Corporation-owner of the bus in question (hereinafter referred to as owner-RSRTC), a direction was issued to deposit the awarded compensation and it has been done. In terms of order of 27th October, 2009, out of the deposited compensation, amount of Rs. 1,75,000/- has been released to Claimant-Injured and rest of the deposited amount is lying in fixed deposit receipts.

5. Learned counsel for owner of bus in question submits that it is evident from the evidence of driver of bus in question that Claimant-Injured was negligent and even the bus-conductor had given his version to the police to the effect that injured had tried to get down from the bus when it was moving and in the process, injured’s bags got stuck in the door, due to which he fell down and sustained injuries. So, it is submitted by counsel for bus owner that negligence was of Injured and not of bus driver and so, owner of bus in question is not liable to pay awarded compensation.

6. It is next contended by counsel for owner-RSRTC that the compensation granted is on the higher side as the multiplier of 16 has been applied whereas applicable multiplier as per Supreme Court’s decision in Sarla Verma & Others Vs. DTC & Another, (2009) 6 SCC 121 is of 15 as Injured was aged 40 years on the day of accident. It is pointed out that as per ration card produced by Claimant-Injured, he was aged 40 years then.

7. On the contrary, learned counsel for Claimant-Injured submits that no compensation has been