MAMMACHAN Vs. K S R T C

JUDGEMENT

(1.) Does the placing of elbow on the window-sill by the passenger while the bus is in motion amount to an act of negligence If in an accident the elbow of such a passenger is injured, can contributory negligence be attributed to him These are the aspects which require consideration in this appeal.

(2.) The appeal is directed against the award of Motor Accidents Claims Tribunal in O.P. (MV) No. 601 of 1985. Claimant is the appellant.

(3.) Claimant sustained injuries in a motor accident which occurred on 12-9-1985. He was a passenger in bus KLX: 1461 owned by the Kerala State Road Transport Corporation, 1st respondent herein and driven by 2nd respondent. He was seated on the left side of the bus near the window. The bus is alleged to have been driven in a rash and negligent manner. While the bus was crossing another bus coming from the opposite direction, the left hand of appellant which was kept on the window-sill hit against an electric post whereby he sustained injuries. He had to undergo continuous treatment for the injuries. A sum of Rs. 50,000/- was claimed as compensation.