FAO No.843/2003 Page 1 of 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.843/2003 Date of reserve: 20th February, 2009 % Date of decision: 31st March, 2009 UP STATE ROADWAYS TRANSPORT CORPORATION ..... Appellant Through: Mr. S.K. Srivastava, Adv. versus NAVEEN KUMAR & ORS. ..... Respondents Through: CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may be allowed to see the Judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT 1. The appellant has challenged the impugned award of the learned Tribunal whereby compensation of Rs.1,73,500/- has been awarded to claimants/respondents No.1 to 5. 2. On 8th December, 1997, the deceased, Sanjay Kumar was driving Maruti Van bearing No.DDA-6706 when he was hit by UP Roadways bus bearing No.UP-15B-5595 near village Abu Pur, P.S. Niwadi resulting in his death. 3. The deceased was survived by respondents No.1 to 5 who filed the claim petition before the learned Tribunal. 4. The deceased was aged 27 years at the time of the accident and was employed with M/s. Technical Instruments FAO No.843/2003 Page 2 of 3 Techno Pvt. Ltd. drawing a salary of Rs.2,400/- per month and it was claimed that the deceased was also earning Rs.5,000/- from his part time business. Finding that evidence was not sufficient to prove the income, the learned Tribunal took the minimum wages for unskilled worker as income of the deceased and computed the compensation by applying the multiplier of 18. 5. The learned Tribunal computed the compensation at Rs.2,55,206.80. However, the said amount was reduced by 25% by attributing contributory negligence to the deceased. 6. The appellant has challenged the impugned award on the ground that the accident took place due to the negligence of the deceased himself. In the alternative, it is submitted that the contributory negligence of the deceased be taken at 50% instead of 25% and the compensation be reduced by 50%. 7. The FIR in respect of the accident in question was registered by Sant Kumar Yadav who was travelling in Maruti Van at the time of the accident. The negligence was proved by the independent witness, PW-2, Braham Dev who deposed that he has a hotel on the left hand side of the road at Village Abu Pur and he witnessed the accident. The witness deposed that he noticed the UP Roadways bus coming from Delhi side at high speed driven in a zig-zag manner. The appellant examined, RW-1, Mewa Ram who made a contrary statement. 8. The site plan, Ex.PX-3 of the accident prepared by the FAO No.843/2003 Page 3 of 3 Investigating Officer of the police indicates that after the accident, the bus went on to the extreme right side on the kacha portion and hit a tree which is clear proof that the speed of the bus was very high, otherwise after hitting the car it would not have gone down towards the right side to a considerable distance and hit a tree. 9. The negligence of the bus driver is clear from the evidence of the independent witness, PW-2 and site plan - Ex.PX-3, though the learned Tribunal has also put some blame on the driver of the Maruti Van on the ground that had the deceased been careful in driving, he would have easily seen the bus coming towards him and would have avoided the accident. The quantum of compensation assessed by the learned Tribunal is also in accordance with law. 10. There is no merit or substance in this appeal. The appeal is, therefore, dismissed. No costs. J.R. MIDHA, J March 31, 2009 s.pal