( 1 ) THIS appeal is filed by the appellants-claimants for enhancement of the compensation. Respondent No. 1 has filed cross-objection challenging the quantum of compensation.

( 2 ) BRIEF facts of the case are that on 2. 12. 1991 about 8 in the morning, while the deceased Lithru was crossing Agra-Bombay road to reach agricultural field near Rairu Farm, bus driven by respondent no. 2 dashed against him which caused his death. The claim petition was filed by the mother appellant No. 1 and elder brother appellant No. 2. Claims Tribunal after hearing parties held that it is a case of contributory negligence of the deceased and the bus driver. Claims Tribunal found that the income of the deceased was Rs. 600 per month and determined the dependency at Rs. 400 per month, i. e. , Rs. 4,800 per annum and awarded compensation by applying the multiplier of 15. In addition, compensation towards mental agony and loss of love and affection has also been awarded.

( 3 ) COUNSEL for the appellants submitted that it is not a case of contributory negligence. He submitted that when claimants have come forward with a case that the deceased was earning Rs. 40 per day, his monthly income ha