The court's decision was influenced by the rejection of contributory negligence and the assessment of the deceased's prospective monthly earning based on the evidence presented.

Ashutosh Mohunta, J.

1. Challenge in this appeal is to the award dated 8.11.1996 passed by the Motor Accident Claims Tribunal, Gurgaon (for short the Tribunal) whereby the Tribunal awarded a sum of Rs. 3,85,000/- with interest at the rate of 12% per annum to the parents of Aurobindo Chaudhuri, who died in a road accident on 21.10.1994.

2. Succinctly, the facts giving rise to this appeal are that on 21.10.1994 at about 3.30 P.M. deceased Aurobindo Chaudhuri, who was a Third Year M.B.A. student, along with one Prateesh Barua was going on a moped, being driven by the latter, to Indian Institute of Planning and Management, Begumpur Khatola in order to deliver a lecture. As they were taking a turn towards the right side in order to go to village Begumpur Khatola, a Haryana Roadways bus bearing registration No. HR-36-5867, being driven by Jagdish Chand, respondent No. 2, came from the opposite direction and struck against the moped. Both Pratesh Barua and Aurobindo Chaudhuri, who were riding the moped, received grievous injuries. Aurobindo Chaudhuri succumbed to the injuries while he was being shifted to General Hospital, Gorgaon. The matter was reported to the police and case under Sections 279, 337 and 304-A of the Indian Penal Code was registered at Police Station Sadar, Gurgaon, against the driver of the Haryana Roadways Bus on the statement made by Prateesh Barua injured.

3. The parents of deceased Aurobindo Chaudhuri filed claim petition and they claimed Rs. 25,00,000/- as compensation for the death of their son. According to the claimants, Aurobindo Chaudhuri would have been earning Rs. 10,000/- as salary plus perks per month as he had got a brilliant academic career. Besides his studies he was also working as Teaching Assistant and used to deliver lectures to students of Rural Management Programme, at the Indian Institute of Planning and Management, New Delhi (for short the Institute) and was getting Rs. 300/- per lecture of 90-minutes. They also claimed Rs. 5,000/- having been spent on last rights of their son.

4. On notice having been issued to the respondents. Jagdish Chand driver (respondent No. 2) did not contest the claim petition. However, he put in appearance by default on behalf of the State of Haryana (respondent No. 1) by appearing as R.W.1. In the written statement filed on behalf of the State of Haryana, the primary ground to contest the claim has been taken that Aurobindo Chaudhari was knocked down by an unknown truck and not by the Haryana Roadways Bus. It has been contended that the driver and the conductor had only taken both the injured to the Hospital in the bus in question.

5. After examining the evidence adduced on record and on hearing the counsel for the parties, the Tribunal held that it was a case of contributory negligence and after assessing the prospective earning of the deceased as Rs. 6,000/- per month and applying the multiplier of 16, the Tribunal calculated the total amount of compensation as Rs. 7,68,000/- plus Rs. 2,000/- towards transportation and funeral charges. By applying one-half cut in respect of contributory negligence, a sum of Rs. 3,85,000/- was awarded to the claimants vide award dated 8.11.1996 passed by the Tribunal. Besides the above, the Tribunal awarded costs of the litigation to the tune of Rs. 1,000/-. Now, Mrs. Ratna Chaudhury, mother of the deceased has filed the present appeal to challenge the award of the Tribunal.

6. Two pronged attack has been made by Mr. J.V. Yadav, learned Counsel for the appellant, to the award of the Tribunal. Firstly, it has been contended that the Tribunal had erred in holding that it was a case of contributory negligence. The counsel contends that even in the written statement field on behalf of the State of Haryana, it has not been pleaded that the driver of the moped was at fault in causing the accident in question and only plea taken on behalf of the State of Haryana is that the accident had been caused by some speeding truck and no