JUDGMENT :

K.N. Saikia, J.

1. Govind Nayak, aged about 35 years, belonging to labour community was run over and killed by vehicle (a bus) No. ASX 2642 owned by the Assam State Transport Corporation on 19.2.77 at about 8.40 p.m. near Packmai bridge on the North Trunk Road under Dhekiajuli Police Station of Darrang District. Application u/s 110-A of the Motor Vehicles Act was made jointly by his mother, father, widow and four minor children claiming Rs. 2,73,000/-. The State of Assam, the Assam State Transport Corporation (hereinafter referred to as 'the Corporation') and the driver of the vehicle, Shri Haridam Singh, have been impleaded. The Corporation and the driver have appeared and filed objections before the Member, Motor Accidents Claims Tribunal, Darrang, Tezpur (hereinafter referred to as 'the Tribunal').

2. On the pleadings as many as eight issues have been framed of which material issues No 3 and 5 are as follows:

(3) Whether there is any rash and negligent driving on the part of the driver of offending vehicle or whether the deceased himself was negligent ?

(5) Whether the monthly income of the deceased was Rs. 650.00 per month ?

Issues No. 1, 2, 4 and 6 are not pressed. Issue