TARABAI Vs. M.P.S.R.T.C.

JUDGEMENT

(1.) THE order in this appeal shall also govern the disposal of Misc. (First) Appeal No. 151 of 1986 (Madhya Pradesh State Road Transport Corporation v. Tarabai and Anr.).

(2.) BOTH these appeals are against the award dated 24-2-1986 passed by the Motor Accident Claims Tribunal, Indore, in Claim Case No 33 of 1980, whereby the Tribunal passed the award of Rs. 34,560/- in favour of the claimant Tarabai from the date of application i.e. 6-2-1980 till the date of realisation and costs.

(3.) THE respondents, owner and driver, filed joint written-statement denying negligence as also the accident. According to them, the bus was driven on its side and when the driver sighted the deceased pushing the loaded cart, speed of the bus was slowed. It appears that after the bus had overtaken the cart, the deceased could not maintain balance of the cart, which dashed against back wheels of the bus. That resulted in the entire load of fuel falling on him causing his death instantaneously.