Hon'ble RAFIQ, J.—This appeal is directed against the award of the Motor Accident claims Tribunal Kishangarh dated 19.12.2003 by which, the claimant-respondents were awarded Rs.2,67,000/- as compensation in the accidental death case of deceased-Ali Mohammad. 2. Learned counsel for the appellant has at the outset cited the Division Bench judgment of this Court in Rajasthan State Road Transport Corporation vs. Shashi Kala Vyas & Ors. (DBSAW No.53/1996) decided on 12.12.2002 and argued that according to the aforesaid Division Bench judgment, if the deceased sitting on the roof of the bus and has died as a result of accident after being hit outside the bus, he must be held responsible for the contributory negligence atleast to the extent of 25%. Learned counsel also cited the co-ordinate bench judgment of this Court in Rajasthan State Road Transport Corporation vs. Husain & Ors. : MACD 2007(1) (Raj.) 76 in which case also, deceased in the similar circumstances was held liable for the contributory negligence to the extent of 25% as against 75% liability of the owner of the bus i.e. RSRTC. Learned counsel has also cited the judgment of the Karnataka High Court in North West Karnataka Road Transport Corporation vs. Hanmant Beerappa Kuribalappa : I(2004) ACC 542 to the same effect. 3. Learned counsel for the respondents has opposed the appeal and argued that claimants cannot be made to suffer because conductor and driver of the bus of the RSRTC allowed the deceased to travel sitting on the roof of the bus and hence the entire responsibility should be fastened on the RSRTC. 4. Having regard to the facts and aforesaid judgments and perusing the material available on record, I find that this issue of contributory negligence on the part of the deceased traveling on the roof of the bus of the RSRTC has been authoritatively decided in the terms that deceased shall be held liable for contributory negligence to the extent of 25%, which should be applied to the facts of the present case too. The appeal deserves to be succeeded in part. 5. In the result, the appeal is partly allowed. The award of the Motor Accident claims Tribunal Kishangarh dated 19.12.2003 is modified holding the deceased liable for contributory negligence to the extent of 25% as against 75% liability of contributory negligence of the driver of the bus of the appellant-RSRTC. The appeal deserves to be succeeded in part. 5. In the result, the appeal is partly allowed. The award of the Motor Accident claims Tribunal Kishangarh dated 19.12.2003 is modified holding the deceased liable for contributory negligence to the extent of 25% as against 75% liability of contributory negligence of the driver of the bus of the appellant-RSRTC. Appellant is therefore required to pay only 75% amount of compensation under all the heads. The said amount be deposited with the Tribunal and be released to the claimant respondents in terms of the aforesaid directions.