PADMANABHAN NAIR Vs. GENERAL MANAGER KSRTC

JUDGEMENT

(1.) Anilkumar, boy aged 13 years riding a cycle was knocked down and run over by bus K.L.X. 3742 belonging to the K.S.R.T.C. in the National Highway at Athiyannur at about 5.15 p.m. on 19-5-1980. He died instantaneously. His parents filed a claim petition before the M.A.C. Tribunal, Trivandrum claiming a sum of Rs. 1 lakh as compensation from the driver and the Corporation on the allegation that the accident occurred due to the rash and negligent driving of the bus. Subsequently their other children were also impleaded as supplemental petitioners. The Corporation and the driver filed separate statements denying any rashness or negligence on the part of the driver of the bus and alleging that the bus was driven slowly and cautiously and since no vehicle was coming from the opposite direction, driver of the bus decided to overtake two bullock carts in the highway and the boy who was riding the cycle in between two bullock carts suddenly tried to cross the road and inspite of the attempt of the driver of the bus to avoid collision by turning the bus to right side, the cycle hit the bus and the cyclist was run ever by the rear wheel of the bus and the accident was solely on account of the negligence of the boy.

(2.) The tribunal held that the occurrence took place on account of the negligence of the cyclist as well as the driver of the bus and it was a case of contributory negligence, apportioned the contribution of each as 50%, determined the compensation as Rs. 60,000/- and directed the Corporation and the driver to pay Rs. 30,000/- with interest at 6% from 18-11-1980, date of the petition. Parties were directed to suffer costs. This order is challenged by the Corporation as well as the claimants. According to the Corporation the accident occurred solely due to the negligence of the boy and the bus driver was not at all rash or negligent and therefore claim could not have been allowed against the Corporation and the driver. Claimants are aggrieved by the finding of contributory negligence on the part of Anilkumar, the determination of compensation at Rs. 60,000/- and the apportionment thereof as well as the rate of interest awarded.

(3.) The accident took place in the National Highway at Athiyannoor. Nearby are bus stop and N.E.S. block office. The boy was cycling in the road from south to north. Bus also was proceeding in the same direction. The claim petition did not refer to the presence of bullock carts in the road. In the written statement it was specifically averred that there were two bullock carts and the boy was riding the cycle in between the two bullock carts and suddenly tried to cross the road. According to the tribunal bus came at an uncontrollable speed and without any caution and the cyclist was rash and negligent in trying to cross the road without verifying whether any vehicle was coming from behind.