So far as the aspect of contributory negligence is concerned,
the law in this regard was laid down by a Division Bench of this
Court in R.S.R.T.C. v. Shashi Kala & Ors.: D.B. Special Appeal
Civil No.53/1996, decided on 12.12.2002 and R.S.R.T.C. v.
Hussain & Ors. : 2007 WLC (UC) 15 and was followed in the case
of Smt. Manphooli (supra), wherein, it was laid down that the
contributory negligence of the passengers, who travel on the roof
top irrespective of the fact whether he had obtain a ticket or was a
gratituous passenger, is to be taken at 25%.
In that view of the
matter and the principles laid down in the case of Sarla Verma &
Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 121 the
denial of future prospects by the Tribunal cannot be faulted.
However, looking to the fact that the deceased was working at
Baroda (Gujarat), even if as a mason, the income of Rs.3,500/-
p.m. assumed by the Tribunal based on the minimum wages,
appears to be on the lower side in view of the fact that deceased
though resident of Dungapur was working at Baroda and to
assume the said person to earn same amount, which he could
have earned at the place of his residence, is not justified and,
therefore, the income of deceased - Amritlal instead of Rs.3,500/-
So far as the aspect of contributory negligence is concerned,
the law in this regard was laid down by a Division Bench of this
Court in R.S.R.T.C. v. Shashi Kala & Ors.: D.B. Special Appeal
Civil No.53/1996, decided on 12.12.2002 and R.S.R.T.C. v.
Hussain & Ors. : 2007 WLC (UC) 15 and was followed in the case
of Smt. Manphooli (supra), wherein, it was laid down that the
contributory negligence of the passengers, who travel on the roof
top irrespective of the fact whether he had obtain a ticket or was a
gratituous passenger, is to be taken at 25%.