NATIONAL INSURANCE COMPANY LIMITED BANGALORE Vs. NINGAMMA

JUDGEMENT

(1.) though this matter came up for admission by consent of both sides the matter is treated as admitted and heard on merits.

(2.) the point that arises for consideration in this appeal is as to whether a person who is travelling in a bus gets down at an intermediary stop to make some purchase and is knocked down by the same bus when he is still outside, should be treated as a passenger of the bus or a third party for the purpose of determining the liability of the insurer.

(3.) it is now not disputed that one siddaraj, son of respondents 1 and 2, was travelling in the bus belonging to 4th respondent on 23-10-1989 from kadukothanahalli to mandya. When the bus stopped at sabbanahalli, siddaraju got down and went to purchase cigarette. When he was returning towards the bus on the left side of the road the bus suddenly started and it went and knocked down siddaraju who was killed at the spot. On the claim made by respondents 1 and 2 the tribunal has awarded a compensation of Rs. 73,000/-.