S. C. MOHAPATRA, V. P. GOEL, JJ.

( 1 ) THIS is an appeal by the owner under Section 110-D of Motor Vehicles Act, 1939.

( 2 ) ON 22. 9. 1986 deceased was travelling in a bus belonging to the appellant. On the way the bus hit a cart carrying long poles. One of the poles pierced into the bus and caused injuries to the deceased to which he succumbed. On this account attributing negligence in driving of the bus, widow of the deceased and his major sons have filed an application claiming compensation of rs. 4,00,0007 -.

( 3 ) OWNER contested the application where it asserted that there was no negligence in driving of the bus and accordingly, it would not be liable to pay compensation.

( 4 ) THE Tribunal on consideration of materials on the record held that driver of the bus was negligent in driving which resulted in the accident causing fatal injury to the deceased. It held that deceased was having a monthly income of Rs. 2,000/- at the time of his death and from out of it spending Rs. 500/- for himself, he was contributing the balance to the family. Tribunal determined just compensation of Rs. 2,62,000/- on the finding that the major sons are not entitled to any compensation. Excessive

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