Mr. K. Kannan J.: (Oral).- The appeal is against an award passed on no fault basis in a case where the Tribunal found that the negligence attributed to the driver of the offending bus had not been established. The deceased was a young Constable of 21 years and the claimants were widow and parents. The Tribunal had awarded Rs.30,000/- for the widow and Rs.10,000/- each to the parents. 2. On the question of negligence, the evidence was that the deceased was awaiting a bus at the bus stand, when the bus coming into the bus stand, being driven rashly and hit against the deceased. By the impact of the bus on the body of the deceased and his falling on the road, he suffered injuries and died. A FIR had been lodged by an onlooker, referring to the deceased as merely a pedestrian standing on the road, who was hit by a bus. The driver of the bus, however, gave a different version that the deceased was attempting to get into the bus and he fell down and died. This version was accepted by the Tribunal. I cannot uphold the finding for two reasons. One, it is most unlikely that any person could have attempted to board a bus that was coming into the bus stand for parking and when it was not going out of the bus stand. Two, the version in the FIR was that the deceased was a pedestrian and there was no basis to suspect such a version. A mere contention in defence ought not to have been taken to displace an eye witness version on the basis of which a FIR had also been lodged. I would, therefore, find that the driver of the bus had been negligent and the owner of the bus is vicariously responsible for the damages resulting out of the accident. 3. The deceased was a Constable earning Rs.2233/- per month and I would apply the formula provided by the Hon'ble Supreme Court in Sarla Verma Vs. DTC [2009(3) Law Herald (SC) 2107 : 2010(1) Law Herald (Acc.) (SC) 65] : 2009(6) SCC 121 by providing for 50% increase as prospect of increase in salary, adopt a 1/3rd deduction for personal expenses and apply a multiplier of 18. I will also add Rs.17,600/- as conventional heads of claim namely funeral expenses, loss of consortium and loss to estate. I will also add Rs.17,600/- as conventional heads of claim namely funeral expenses, loss of consortium and loss to estate. The heads of compensation are tabulated as under:- FATAL ACCIDENTS Age 21 years Occupation Constable Claimants Widow and parents Heads of claim Tribunal High Court FATAL ACCIDENTS Sl. No. Amount (Rs) Amount (Rs.) 1 Income 2234 2233 2 Add, % of increase 50% 3350 3 Average monthly income x 12 4 Deduction (1/2 , 1/3, 1/4, 1/5) 1/3rd 1/3rd 5 Multiplicand 2233 6 Multiplier 16 18 7 Loss of dependence 2,86,080/- 4,82,400 8 Medical Expenses & Transportation - - 9 Loss of Consortium 10 Loss to estate 17600 11 Funeral expenses Total 2,86,080 5,00,000 4. The total amount of compensation will be Rs.5,00,000/-. The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of petition till the date of payment. The enhanced portion of the award will be distributed amongst the widow and the parent in the ratio of 6:1:1. 5. The appeal is allowed to the above extent.