NOORJAHAN TMT Vs. SULTAN RAJIA TMT ALIAS THAJU

JUDGEMENT

(1.) Special leave granted.

(2.) Syed Abu Thakir on 3/8/1982 suffered injuries while alighting from the bus belonging to the appellant and died on the way to the hospital. Respondent I is the widow and Respondent 2, the minor son of the deceased while Respondents 3 and 4 are his father and mother respectively. Respondent 5 was the insurer of the vehicle while Respondent 6 was the driver of the bus at the relevant time. Respondents 1 to 4 filed a claim for compensation against the appellant and Respondents 5 and 6. The District judge, Madurai, acting as a tribunal under the Motor Vehicles Act, 1939, hereinafter called 'the Act', awarded compensation of Rs. 92,000. 00 and held that since the deceased was a 'passenger' at the time of the accident the liability of the Insurance Company was limited to Rs. 10,000. 00 only. The appellant filed an appeal contending that the Insurance Company was liable to pay the entire compensation. Respondents 1 to 4 also filed an appeal. The high court dismissed both the appeals. Hence this appeal by special leave.

(3.) The sole question that arises for consideration is whether the victim was a 'passenger' within the meaning of Section 95 (2 (b) (ii) of the Act. The findings of the District Judge, Madurai and that of the High court are that the victim fell down from the bus while alighting therefrom due to the rash and negligent act of the driver in starting the bus before he had got down. Both the courts rejected the plea of contributory negligence on the part of the deceased. The quantum of compensation, i. e. , Rs. 92,000. 00 is not challenged before us.