1. - Urbanisation with auto revolution is not unmixed good. Accidents, death traps and blood baths are a few amongst other evil effects of it. One has to live dangerously. Now the traditional facts.

2. At about 9.30 p.m. on 16th July, 1978, a fatal accident was witnessed near Niros Restaurant, Mirza, Ismil Road, Jaipur, Girraj Prasad Agrawal was the unfortunate victim, who died on account of this accident.

3. The deceased along with his nephew was coming towards Niros Restaurant on Mirza Ismail Road, one of the busiest place in Jaipur. The Rajasthan State Road Transport Corporation's Bus No. RRG 1957 dashed against the said scooter causing this accident. It was being driven by Mubarak Ali, an employee of the Corporation.

4. The deceased was an Electrical Engineer having passed Diploma in it in First Division and was serving as Manager in K.K. Mills, Jaipur, on a salary of Rs. 1800/- per month. He was also partner in M/s. P.J. Textiles and was getting share in profits. At the time of this fatal accident, the deceased was 32 years of age.

5. The claimants-widow of the deceased, daughter and sons and parents of the deceased filed a claim petition claiming Rs. 13,29,800/-. The Motor Accident claims Tribunal Jaipur after recording the evidence and hearing the arguments granted an award for Rs. 2,75,000/- in all.

6. Both the Corporation as well as the claimants have filed appeals and they have been heard together and are being decided by this common judgment, as jointly requested by both sides.

7. Whereas, Mr. C.K. Garg counsel for the claimants has prayed that the amount of compensation is too inadequate and deserves to be increased suitably. Mr. Sharma the counsel for the corporation has prayed that the claim petition should be dismissed because there was no negligence of the Driver of the Corporation Alternatively it was argued that the deceased himself was liable for contributory negligence. Lastly it was argued by Mr. Sharma that the amount allowed is too excessive as multiplier of 16 years only should have been applied and the increase on account of factors, like chances of promotions and expected rise in prices cannot be justified. Since the points involved in the case are very important and both the learned Counsel have argued the various facts of the cast at great length in 3 successive hearings, I propose to deal with them in greater details.

8. The first and foremost point to be considered is whether the finding of the Tribunal in respect of the rashness and negligence of the driver of the bus owned by the Corporation is just and proper. This finding is the bedrock of the Award and therefore, unless it is upheld, so further discussion would be relevant.

9. Before I proceed to analyse the evidence on this point, I must mention that the area near the Niros Restaurant on the Mirza Ismail Road, Jaipur admittedly is the most busy locality. On its one side is Panch Batti with the traffic coming from various roads and some times, there is huge and massive inflow and outflow of people and traffic from nearby Cinema-house known as Raj Mandir. This Cinema house is famous throughout Asia. The traffic at Panch Batti is usually heavy and crowded. Even at the point where the Niros Restaurant is located, there is heavy traffic. This restaurant and adjoining restaurants and shops attract considerable traffic at all times, and the area favourably compares with Connaught Circus of Delhi and fort of Bombay. It is in this background of well-known factors that the case of the Corporation that its bus being driven at a speed of 30 to 40 km. p.h. is to be appreciated. To start with, without analysing further evidence in such a heavily crowded thorough-fare and at vulnerable point like Panch Batti, what should be the speed of an automobile like a Bus, is itself an important question. Apart from the exact and actual evidence about the accident, the method, manner and topography of various points at which the vehicle collided, I am of the opinion