Honble ARORA, J. – This appeal is directed against the Award dated 13.2.87 passed by the Motor Accident Claims Tribunal, Jodhpur, by which the learned Judge of the Tribunal allowed the appellant the compensation amounting to Rs. 7508/-. Appellant Malam Singh has filed this appeal for enhancement of the amount of the Award while the Rajasthan State Road Transport Corpora- tion (respondent No.2) has filed cross-objection for setting-aside the Award dated 13.2.87. As the appeal and the cross-examination arise out of the same judgment, they are, being disposed of by this common judgment.

(2). Claimant Malam Singh, on 19.6.84, filed a claim petition in the Motor Accident Claims Tribunal, Jodhpur for the award of Rs. 2,62,700/-. It is alleged in the claim petition that the claimant was working as part-time mail-carrier in the Post & Telegraph Department and was getting Rs. 157/- per month as part-time allowance. He was, also, earning Rs. 400/- per month from agriculture. On 16.12.1987, at about 12.45 p.m., he was coming from Khara Bera Post Office alongwith the post-bag and was proceeding towards village Kankani to distrib- ute the letters etc. When he reached at the main road, in the meanwhile the bus No. RRB 6348, which was coming from Jodhpur and was proceeding towards Sirohi and was being driven by driver Gopal Das rashly and negligently, came from the wrong side (Right hand side) and hit him and his bicycle went to Kachha road. As the bus was being driven rashly and negligently, therefore, even after applying the brakes the bus covered the distance of about 32 feet and thereafter it could be stopped. The claimant, therefore, claimed a sum of Rs. 2,40,000/- as loss to the income, Rs. 20,000/- as general damages on account of mental agony etc., Rs. 400/- for the damages caused to him, Rs. 522.95 p. as the medical expenses, Rs. 1800/- towards the food, fruits, tonic etc. and Rs. 1727/- towards eleven months pay as he remained on leave during this period. This claim petition, filed by claimant Malam Singh, was contested by the respondents. The claimant, in support of his case, examined himself as PW1 and produced in his evidence PW2 Gordhan Singh the eye witness of the accident, PW 3 Dhokal Ram and PW 4 Dr. L.C. Joshi, while the non-applicants, in support of their case, examined DW 1 Gopal Das the Driver of the bus, and DW 2 Vikram Singh the Conductor on the bus. The learned Judge of the Tribunal, after trial, came to the conclusion that the accident took- place on account of the negligence on the part of the driver DW 1 Gopal Das but the claimant, also, contribu- ted to this accident and, therefore, he awarded 50% of the claim amount, i.e., Rs. 5000/- for general damages, Rs. 523/- towards medical expenses, Rs. 200/- for damages caused to the claimant, Rs. 1000/- towards food, fruits, tonic etc., Rs. 785/- as the loss to the pay for eleven months and as such the learned Judge of the Tribunal awarded Rs. 7508/- in all as compensation to the claimant. It is against this award that the appellant has preferred this miscellaneous appeal.

(3). It is contended by the learned counsel for the appellant that the appellant never contributed to the accident and it was pure and simple on account of the rash and negligent driving of the bus by the driver that the accident took place and the learned Judge of the Tribunal was, therefore, no justified in awarding 50% of the claim amount as compensation to the appellant. It has, also, been contended by the learned counsel for the appellant that the award of general damages of Rs.10,000/- was on the lower side. It is, also, contended that the learned Judge of the Tribunal has not taken into consideration the loss of Rs. 400/- per month which the appellant has suffered for eleven months on account of his not attending the agricultural operations during this period. The learned counsel for the respondent No. 2 R.S.R.T.C., on the other hand, has submitted that the accident took-place purely on account of

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