The liability of a motor cycle driver and a truck driver for contributory negligence in a motor vehicle accident, and the calculation of compensation to be awarded to the legal representatives of the deceased persons.

1. These four appeals arise out of one - accident and the claim petitions filed with regard to this accident have been decided by the learned Tribunal by its single award dated 12.6.1984. Therefore, these four appeals arise out of the one and same award, are decided by one common judgment.

2. On 9.4.1979 at about 1.30 a.m. in the midnight deceased Karan Singh along with his friends Satpal Singh and Pushpendra was proceeding from M.I. Road to Sardar Patel Marg on a motor cycle. A truck was proceeding from the side of Government Hostel. Om Prakash was driving the said truck bearing No. HIJ 2296. It is stated that the driver of the truck was driving the same at very fast speed, carelessly and negligently. which resulted in serious accident with the motor cycle driven by Karan Singh. As a result of this accident, Satpal who was sitting on the pillion of the motor cycle died on the spot and Karan Singh was seriously injured and was admitted in S.M.S. Hospital, where he died on 27.4.1979. It is stated that even after the accident the truck could not he stopped and the motor cycle was also dragged by the truck, for considerable distance and it stopped only when it struck an electric pole in the middle of the road. Due to this accident, the motor cycle caught fire and deceased Satpal who was sitting on the pillion was burnt in the fire. This accident took place near the crossing of Chaurah of Sardar Patel Marg never Govt. Hostel. It is also stated that the truck did not blow any horn. As is evident the driver could not stop the truck even after hitting the motor cycle. Legal heirs of deceased Satpal Singh. i.e. his wife Kalpna and others in the claim petition No. 160 of 1979, filed it claim for Rs. 2,05,000/- under different heads stating therein that all the non - applicants are jointly and severally responsible for payment of compensation to them. Legal heirs of deceased Karan Singh, i.e. his wife Santos Kanwar and others in their claim petition No. 159 of 1979 claimed a sum of Rs. 5,04,220/- as compensa on under different heads, stating thereit the non - applicants were jointly and severally responsible for payment of the same. Learned Tribunal framed the following issues:

1vk;k 9-4-79 dh jkr dks djhc 1-30 cts foi{kh ua01 Jh vkse izdk'k us V~d la0 ,p vkbZ ts 2296 dks vR;kf/kd rSth] xQyr o ykijokgh ls pykdj nq?kVZuk fooknLin dkfjr dh ftlds dkj.k Jh lriky flag ,oa dj.k flag dh e`R;q gks xbZA

2. 2 vk;k bl dkj.k izkFkhZx.k foi{khx.k ls 5]04]220@& ,oa 2]05]000 :Ik;s gtkZu ds izkIr djus ds vf/kdkjh gS o gS rks dkSu&dkSu fdl&fdl ls fdruk&fdruk\ 3 lgk;rk D;k gksxh\

"Learned Tribunal after recording the evidence of both the parties decided issue No. I partly in favour of the claimants and partly in favour of the non - applicants and held that the truck driver and the motor cycle driver both were responsible for the accident and, therefore, liable for contributory negligence to the extent of 50% each. In the matter of Santosh Kanwar and others, compensation of Rs. 1,71,600 was awarded, but as deceased Karan Singh, who was driving the motor cycle was also held to he liable for contributory negligence, therefore, only half amount of the award, i.e. Rs. 85,800/- was awarded to them. In the claim petition filed by Kalpna and others, the learned Tribunal held that even though they were entitled to receive Rs. 1,09,600/- as compensation. but on account of contributory negligence of the driver of the motor cycle, 50% amount, i.e. Rs. 54,800/- was awarded to them. All the four appeals have been 'filed 'against the said award as they felt aggrieved and dissatisfied with the same.

3. I have gone through the files and the documents on the record. Learned counsel for the parties have taken me through the statements recorded of the various witnesses,

4. There are two eye - witnesses apart from the driver of the truck, who have deposed about the accident. AW 4 Ghanshyant is an independent eve - witness, who had wooden cabin for sale of food near the