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2005 Supreme(Raj) 3151

AJAY RASTOGI
R. S. R. T. C. – Appellant
Versus
Hussain – Respondent


Advocates:
For the Appellant:Virendra Agrawal, Advocate.
For the Respondents(Claimant):Anup Dhand, Advocate.

JUDGMENT

1. - Instant appeal has been filed by the Corporation questioning Award dated 2.2.05 passed by Motor Accident Claims Tribunal, Sikar in MAC No. 15/02 whereby compensation of Rs. 3,87,000/- has been awarded to respondent claimants.

2. As alleged in claim petition, claimants are parents of deceased Akhtar Hussain aged 22 years who died in motor accident on 15.10.01 while he was travelling in roadways bus RJ23P-0474 from Deedwana to Sikar and was sitting on the roof top of offending bus. As per claim petition, deceased was earning Rs. 5,000/- per month but learned Tribunal assessed Rs. 3,000/- as his monthly income and after ⅓rd deduction considered Rs. 2,000/- towards financial dependency to claimants and with the aid of multiplier of 15, computed loss of income as Rs. 3.60 lacs and in all awarded compensation of Rs. 3,87,000/- (including Rs. 25,000/- towards love & affection and Rs. 2,000/- for funeral expenses). Hence this appeal.Counsel for appellant submits that indisputably, deceased was sitting on roof top of the offending bus; as such it was a case of contributory negligence and there was no occasion for him to sit to the roof top of the bus and learned Tribunal has no







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