Per contra, learned counsel for claimant-respondent Nirmala Devi supported the impugned award with regard to findings of rashness and negligence on the part of driver of Bus in question on issue no.1 and contended that there was no case of contributory negligence, rather at the most it was a case of composite negligence; that deceased may not be considered to be liable for contributory negligence in view of the fact of his being conductor on bus in question and evidence on record; that learned Tribunal has acted wrongly in making deduction of 1/3rd towards personal expenses of deceased and in view of total 05 members of family, there ought to have been deduction of only 1/4t h; that Tribunal has awarded a fixed amount of Rs.50,000/- towards future prospects, while in view of age of deceased, who was salaried person, 50% enhancement ought to have been granted on his salaried income on account of future prospects; that Tribunal has awarded very low amount of compensation under conventional heads, which ought to have been Rs.70,000/- in place of Rs.7000/-; that interest has also been awarded at very low rate of 6% per annum, which ought to have been awarded at the rate of 12% per annum or at least @ 7% per annum as per U.P. Motor Vehicles Rules; that for dismissal of claim petition in default, which was beyond control of claimants, Corporation may not be given advantage by relieving it from liability of payment of interest for that period.
