SHARLET AUGUSTINE Vs. K K RAVEENDRAN

JUDGEMENT

(1.) Petitioners/ claimants in O.P. (M.V.) No. 347 of 1982 on the file of the Motor Accidents Claims Tribunal, Ernakulam are the appellants. The 1st appellant is the widow and other appellants are the children of deceased Augustine, who died in a motor accident.

(2.) Briefly stated, the case of the claimants is as follows : Augustine was a medical representative. He was a passenger in stage carriage bus bearing registration No. KLS 3058 on 26-11-1981. When the bus reached a place called 'Karingalikkadu' on the route Angamali-Manjapra, it dashed against a wayside electric post and then fell into a paddy field on the right side. In that process, it also hit a stay (stray) wire of an electric transformer, with the result, the live wire came into contact with the stay (stray) wire. While Augustine attempted to come out of the bus, he got electric shock. The accident took place as a result of rash and negligent driving of the driver of the bus. Petitioners claimed Rs. 100,000 / - as compensation.

(3.) Respondents 1 and 2, who were the owner and driver of the bus resisted the claim. In the joint written statement filed by them, they contended that the driver was not negligent and the accident occurred as the main leaf of the bus was broken. It was further averred that Augustine had already got out of the bus. It was when he tried to save the driver from the bus that he got electric shock. It was contended that in the circumstances, it cannot be said that the deceased died due to bus accident.