FAO No.52 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.52 of 1999 DATE OF DECISION: February 24, 2011 STATE OF HARYANA ...APPELLANT VERSUS SMT. BIMLA DEVI ETC. ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. KUNAL GARG, AAG, HARYANA. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The appeal is by the State on the issue of negligence and quantum. As regards the negligence, the contention by the claimants at the Tribunal was that the deceased was travelling on a scooter coming from the side road and he was hit by a bus belonging to the State travelling on the main road. The Tribunal found that the accident had taken place only by the negligent driving of the bus and rejected the plea that the deceased was responsible for the accident or that he had contributed to the accident. The Tribunal had reasons to find the issue of negligence by reference to the evidence of PW5 Ramesh Chander Sharma, who had given the details in the manner in which the accident had taken place. He was himself an employee of HSEB and his evidence was that the deceased had crossed 2/3rd of the road when the collision had taken place. This ground, in my view, satisfies the test of negligence on the part of the driver of the bus and I will not, FAO No.52 of 1999 -2- therefore, subject that finding to any modification. 2. As regards the quantum, the claimants were the widow and two minor children and the deceased was an employee in the State Electricity Board drawing `10,192/-. The quantum of compensation cannot fall any less than what has been determined by the Tribunal. Since the award is modest in taking merely the income that he was earning at the time of his death as relevant and applying a multiplier suitable to the age, I see no reason to reduce the award. 3. The award is confirmed and the appeal is dismissed. February 24, 2011 (K.KANNAN) Gulati JUDGE