LALMANI PANDEY Vs. UGRATARA BUS SERVICE

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Shahdol, Camp Beohari, in Claim Case No. 7 of 1989, dated 26. 8. 1991.

(2.) THE deceased Rajkeshar Pandey (22) was conductor in Ugratara Bus Service, Rewa. He died in accident, that took place on 9. 3. 1989. The claim has been dismissed by the Claims Tribunal, Shahdol, on 26. 8. 1991, on the ground that it was not proved that the accident had taken place due to rash and negligent act of the driver of bus No. MPL 4001, as alleged.

(3.) ON 9. 3. 1989 the deceased was travelling by bus No. MPL 4001 owned by Ugratara Bus Service, Rewa. This bus was owned by Dhirendra Kumar Gupta, driven by Lalmani Sen and insured with the New India Assurance Co. Ltd. It reached a place where bus No. MPG 6939 owned by the M. P. State Road Transport Corporation was standing. The allegation is that on instructions of the driver of Ugratara Bus Service, the deceased was helping the driver to clear side by the other bus and while doing so, the driver of Ugratara Bus Service drove the bus in such a rash and negligent manner that the deceased came in between two buses and was squeezed to death.