1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1948/2000 (Smt.Prem Vs. Babulal and ors.) Date of Judgment : 10.09.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.Ishwar Jain, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-dependents of deceased Hardayal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Behror, Distt. Alwar vide judgment dated 3.11.1999 whereby a sum of Rs.1,51,200/- was awarded by way of compensation for the death of deceased caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the deceased was traveling in bus as a passenger and when he was getting down from the bus, the bus moved causing him to fall down and he was run over.It is also submitted that the Tribunal has failed 2 to appreciate the point of negligence in proper perspective by fixing the liability for 40% contributory negligence on the deceased. It is also submitted that it was the duty of the conductor not to open the gate if the bus is moving and it was also the duty of the driver of the bus not to move the bus while a passenger was getting down, but the conductor and driver failed to do so and the deceased bonafidely tried to alight from the bus at the stop and fell down. It is further submitted that the Tribunal has not taken into account the monthly salary of deceased amounting to Rs.2354/- who was Government servant and that deserves to be taken into account for computing the compensation. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is further submitted that the fact of contributory negligence at the part of deceased has been rightly 3 appreciated and it also calls for no interference. 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that deceased was alighting from the bus at the stand and he fell down as the bus moved. It has been further revealed that conductor was present in the bus when deceased was alighting from the bus and it was duty of the conductor not to open the gate or allow anybody to open the gate while the bus was moving. It was also the duty of the driver to ensure that while any passenger is alighting the bus is not moved. The accident has taken place near Kathuwas bus stand and it was but natural for the deceased to get down from the bus at the destination and, as such, it cannot be said that deceased had in any way contributed in the accident and accordingly finding of the Tribunal for contributory negligence at the part of deceased is without any basis and same is set aside. That apart, deceased was Government employee and he was drawing a salary of Rs.2354/- per month and that deserves to be taken into 4 account while computing the compensation. Rs.2354x12-1/3rd (as against own expenses) =Rs.28248x14(multiplier)= Rs.2,63,648- (minus) Rs.1,51,200(amount already received by the claimant)=Rs.1,12,448+Rs.10,000(for loss of consortium)+Rs.15,000(for loss of love and affection)=Rs.1,37,448 (to be additionally awarded). 7. Accordingly, appeal of the injured- appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the injured-appellant shall get a sum of Rs.1,37,448/- by way of additional enhanced compensation from the date of appeal i.e. 15.3.2000, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.30