ISHWAR SINGH Vs. LAKHMIR SINGH

JUDGEMENT

(1.) The appellants are the sons and daughters of deceased Smt. Chanda Devi who met with an accident on 1 8/07/1983 and sustained fatal injuries. She had suffered the injuries when she was alighting from Bus No.DEP 3006 but the driver-respondent No.1 had suddenly started the Bus in a rash and negligent manner as a result of which she fell down and was crushed under the rear wheels of the same bus. The respondent No.4 is the husband of the deceased but he never participated in the proceedings and it is stated that he had deserted her much before her death.

(2.) In the Trial Court, the respondent No.1, driver, was proceeded against ex-parte. The respondent No.2, owner, of the bus, denied that the deceased was travelling in the Bus in question. In the alternative, he pleaded that she had suffered injuries on account of her own negligence as she had jumped out of the moving Bus with a view to get down from the bus. The insurer-respondent No.3 had pleaded that its liability was limited to the extent of Rs.15,000.00 only as the deceased was a passenger in the Bus.

(3.) On the pleadings of the parties, the learned Tribunal had framed following issues :