AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. MANHARLAL MANSUKHLAL SHAH

JUDGEMENT

(1.) THE appellants, being aggrieved by the judgement and award dated 30th April, 1988 passed by the learned Member, Motor Accident Claims Tribunal (Auxiliary), Narol, Ahmedabad in M.A.C. Case No.71 of 1987 awarding a sum of Rs.1,54,000/ - in favour of the dependants of the deceased, have filed this appeal for reduction of the amount.

(2.) THE case of the claimants in brief was that on 18th August, 1986 at about 8:00 p.m., the original opponent No.1, namely, Ramchandra Bala Marathi, was driving the bus belonging to Ahmedabad Municipal Transport Service bearing Registration No. GTE -5100 in a rash and negligent manner. The deceased was travelling in the said bus. The bus did not stop at the notified stop, but, because of its speed, it could only be stopped at a distance of 60 to 70 ft. from the stop. The deceased, who was alighting from the bus, when was in the process, the driver on a ring of the conductor started the bus with a jolt, which resulted into fall of the deceased from the bus and as a result of the fall, the deceased suffered injuries and ultimately died.

(3.) FROM the evidence available on the record, it clearly appears that the boy was alighting from the bus and he suddenly fell from the bus. Ordinarily, a young boy of 19 years age if falls from the stationary bus, then, he would not suffer any fatal injuries. In the present case, the nature of injury, supported by the evidence and other witnesses, would clearly show that the driver was negligent in driving the bus. He started the bus and plied with a jolt, which resulted into fall of the deceased. The deceased had suffered various injuries and unfortunately, the injuries proved fatal. On the question of liability and responsibility of the present appellants, I am unable to hold in favour of the appellants.