MAHABOOB SAB Vs. M G GIRIRAJA

JUDGEMENT

(1.) THE appellants filed m. V. C. No. 490 of 1991 for the compensation of Rs. 11,60,000 for the death of their son Rahamathulla who was a carpenter by profession earning Rs. 1,000 to rs. 2,500 per month. The Tribunal while dismissing the petition, has awarded a sum of Rs. 32,000 as compensation on the basis of no fault liability. Being aggrieved by this, the present appeal arises.

(2.) MR. A. K. Bhat, learned counsel for the appellants submitted that there is no justification for the Tribunal to dismiss mvc petition holding that the petitioners did not prove the negligence. Mr. Shankar, learned counsel for the respondents supported the judgment and award passed by the Tribunal. In view of this submission, it is to be seen whether the petitioners are able to establish the negligence. The facts in nutshell can be narrated as follows: on 14. 6. 1991 at about 10. 30 p. m. , the respondent No. 1 took the bus bearing No. MEK 2072 from a hill top of Donimalai for going towards Sandur. When that bus came in front of a hostel building at Donimalai, some of the passengers got down from the bus. The deceased Rahamathulla was about to board that bus for going to sandur. At that time, its driver drove it suddenly in speed. As a result, the deceased fell down and its rear wheel ran over him. He sustained injuries and he was taken to nmdc Hospital at Donimalai for treatment. When he was under treatment, he succumbed to the injuries. The bus was meant for NMDC employees and others were not allowed to board that bus. Since this deceased tried to board that bus, he met with an accident. It is also held by the tribunal that there was no negligence on the part of the driver of the bus.

(3.) MR. A. K. Bhat, learned counsel for the appellants submits that the deceased was waiting for the bus along with other three persons. PW 2 is an eyewitness. According to him, the deceased attempted to board the bus. Because it moved, he fell down and the rear wheel of the bus ran over him. The contention of Mr. A. K. Bhat is that it was a schedule bus-stop for the nmdc. The passengers who were waiting for the bus, could not know that this bus was not meant for them. Even assuming for a moment, with a wrong impression if any passenger is attempting to enter the bus, it is the duty of the driver of the bus to tell him to get down safely. Otherwise, it amounts to negligence.