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Judgment
Rajan Gupta, J.—Present appeal has been preferred by appellant-corporation impugning the award passed by tribunal granting compensation to the claimants for death of Harbhajan Singh in the accident. Learned counsel for the appellant has contended that from the evidence on record, contributory negligence of driver of motorcycle is proved. However, tribunal has not returned any finding on this issue. Besides, quantum of compensation has been incorrectly calculated as dependency has been assessed on higher side.
I have heard learned counsel for the appellant.
A claim was lodged by legal representatives of Harbhajan Singh, who died in accident on 29.3.2010. It was alleged that Harbhajan Singh was going on his motorcycle on left side of the road at a moderate speed. At that time, offending vehicle, which was on wrong side of the road, struck the motorcycle. Harbhajan Singh fell down and sustained injuries. He succumbed to same later. Tribunal came to the conclusion that accident occurred due to rash and negligent driving of offending vehicle, i.e., bus belonging to appellant corporation. Plea that there was contributory negligence on part of motorcyclist was disbelieved by the tribunal. I find no infirmity with the same. Even in the FIR lodged immediately after the accident, similar version was given. During proceedings before tribunal, claimant No.1 appeared as PW1 and eye witness Sukhdev Singh as PW2. No discrepancy was found in their depositions. As regards quantum of compensation, I am of the considered view that same has been correctly calculated. Admittedly, deceased was having a wife, two sons and one daughter (all minors) and aged parents to look after. Thus dependency was calculated as 3/4th. Compensation was accordingly assessed and apportioned amongst them. No interference in appellate jurisdiction is required.
Appeal is without any merit and is dismissed.
As the appeal has been heard and dismissed, applications for condonation of delays in filing and refiling the same do not survive. Amount deposited with this court in compliance of provisions of Section 173(1) of Motor Vehicles Act be remitted to court below.