1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.839/1999 (Smt.Kaushilya Devi and ors. Vs. RSRTC and anr.) Date of Judgment : 11-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.V.S.Yadav, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased Ramjilal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 25.2.1999 whereby a total sum of Rs.1,17,000/- was awarded by way of compensation to the appellants by holding 70% contributory negligence at the part of deceased Ramjilal who died in the accident. 3. According to the facts of the case, accident took place on 1.8.98 at 12.00 Noon when the deceased Ramjilal was going on Motor cycle No.HYT-1314 from his house towards Patel marg via SFS. When he was to cross Vijay Path, a bus No.RNP-469 being driven rashly & negligently by its driver 2 came from Brahmin Ki Thadi side, hit the Motor cycle resulting into accident and death of deceased Ramjilal on account of injuries sustained in the accident. 4. Learned counsel for the appellant submits that the Tribunal has failed to assess the point of contributory negligence in right perspective as the Tribunal has fixed 70% liability of deceased-motor cyclist and only 30% liability of bus driver. It is submitted that the bus had hit the motor cyclist from front Mudguard and while turning the bus should have taken a long turn whereas in this case, the bus turned by short cut. It is also submitted that compensation deserves to be assessed by adopting appropriate multiplier of 16 and after deducting 1/4th as against own expenses of deceased by following guidelines laid down in Sarla Verma (Smt) and ors. Vs. DTC and anr.-2009(6) SCC,121. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration 3 evidence adduced during inquiry and has awarded adequate compensation and also assessed contributory negligence of two offending vehicles in right perspective and calls for no interference. It is also submitted that motor cyclist dashed against the bus near diesel tank and he was found near rear wheel of bus and, as such, motor cyclist failed to apply brakes and resulted in accident, hence, there was no negligence at the part of bus driver. 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that as per mechanical report Ex.7, bus was found damaged at front mudguard and, as such, motor cyclist and bus had collided from front. It is also revealed that as the motor cyclist was in momentum so after coming in contact with front mudguard of the bus, he went by the side of bus on account of momentum and was dragged for 10ft upto diesel tank of the bus near rear wheel. The speed of the bus was also fast as the motor cyclist was dragged upto 10 ft after it came into contact with the bus. It is further revealed that both the 4 vehicles had an opportunity to avoid the accident but they failed to do so. Hence they are responsible for apportionment of 50% liability for rash and negligent driving instead of 70% at the part of motor cyclist and to that extent, judgment of the Tribunal is not sustainable and same is set aside. As regards the quantum of compensation, it may be noted that by following the judgment of Sarla Verma's case (supra), compensation deserves to be computed after adopting multiplier of 16 and deducting ¼ as against own expenses as dependents of deceased are 5 and thus compensation can be computed as under: Rs.3000x12x16(multiplier)=5,76,000-1/4th(as against own expenses of deceased)= Rs.4,32,000+Rs.30,000(awarded on other counts)=Rs.4,62,000-(minus) 50% (contributory negligence)= Rs.2,31,000- (minus)Rs.1,17,000(already awarded)= Rs.1,14,000/- (to be additionally awarded). 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of 5 Rs.1,14,000/- by way of additional enhanced compensation from the date of appeal i.e. 23.4.99, with 6% interest to be paid within three months; thereafter interest @9% shall be payable. That apart, since the Tribunal has not awarded any interest on the awarded amount of Rs.1,17,000/-, therefore, interest @6% shall be paid from the date of claim petition to the claimants. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-17