JUDGMENT 1. The appeals and the cross-objection arise out of the same accident. The NWKSRTC bus and the jeep collided. The two of the inmates of the jeep died. The tribunal awarded compensation to the petitioners. The tribunal directed the NWKSRTC to pay the entire compensation. Hence the appeals are filed by NWKSRTC seeking avoidance of liability on the ground that the jeep driver was solely negligent in causing the accident. 2. Cross-objection is filed by the petitioners in MVC 105/05 seeking enhancement of compensation. 3. The contention of the counsel appearing for the NWKSRTC that the driver of the jeep is prosecuted, therefore finding of the negligence on the NWKSRTC bus is bad in law and there is no contributory negligence on the part of the driver of the NWKSRTC bus. 4. On the close perusal of the panchanama, it is clear tht the accident occurred almost on the middle of the road. Despite launching of prosecution against the jeep driver, it is to be held that the prosecution of the jeep driver is not a decisive factor to assess the tortuous negligence. In view of the width of the road and place of impact, it is to be held that the driver of the NWKSRTC is negligent to an extent of 50% and the driver of the jeep is negligent to an extent of 50%. Accordingly, the NWKSRTC is liable to pay 50% of the compensation and the balance to be payable by the insurer of the jeep. 5. The petitioners in MVC 105/95 seek enhancement of compensation. The delay in filing MFA cross-objection is allowed. The petitioners seek enhancement of compensation. The deceased is one Kiran in MVC 105/05. The parents are the petitioners. The deceased is a bachelor. The deceased is a diploma holder in textile technology. Potentially the earnings of the petitioner to be assessed at Rs. 3,000/- p.m. 50% is to be defrayed towards personal expenses. The total loss of dependency would be Rs. 2,52,000/- (1500 x 12 x 14). The petitioners are entitled to Rs. 10,000/- for loss of expectancy, and Rs. 3,000/- for funeral expenses. This Court in Gulam Khader v. United India Insurance Company reported in ILR 2000 Kar 4416 : (2000 AIR Kant HCR 13) has held that the compensation payable for loss of estate shall not be a conventional amount. The petitioners are entitled to Rs. 10,000/- for loss of expectancy, and Rs. 3,000/- for funeral expenses. This Court in Gulam Khader v. United India Insurance Company reported in ILR 2000 Kar 4416 : (2000 AIR Kant HCR 13) has held that the compensation payable for loss of estate shall not be a conventional amount. Hence, 10% of the income defrayed towards personal expenses should be taken as savings of the deceased. Hence the amount payable for loss of estate Rs. 25,200/- is to be awarded. In all the petitioners would be entitled to a compensation of Rs. 2,90,200/- with interest at 6% from the date of petition till payment as against Rs. 1,03,000/- awarded by the tribunal. The compensation awarded shall be payable by the KSRTC to an extent of 50%. The rest of the award is confirmed. The amount in deposit to be transferred to the tribunal for payment. 6. Order accordingly.