1. Two passengers Qimat Rai Jain and Parshotam Dass Jindal, while travelling in the bus PUV-2102 had their right arms completely cut off, when the truck PUJ-6628 coming from the opposite direction, grazed against the right side of the bus while passing it. Both these passengers were sitting near one of the windows of the bus on the right with their right arms resting on it. This happened on the Grand Trunk Road near village Chachoki in the area of Police Station Phagwara on May 5, 1974.

2. The Tribunal held this to be a case of contributory negligence with all the parties involved therein namely the drivers of the bus and the truck as also the two claimants being equally to blame. After making due allowance on this account a sum of Rs. 34,000.00 was awarded as compensation to Qimat Rai Jain and Rs. 23,500.00 to Parshotam Dass Jindal.

3. The Tribunal clearly fell in error in imputing contributory negligence to the claimants. It is now well settled that the driver of a bus while overtaking or crossing another vehicle must keep in mind the normal tendency of a passenger sitting near a window to have his arm resting on it and may be even protruding out a little and he must, the