BENI BAI Vs. A SALIM

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 13. 7. 1994 passed in M. C. C. No. 122 of 1993 by the VI Additional Motor Accidents Claims Tribunal, Bhopal.

(2.) FACTS giving rise to this appeal are thus: The legal representatives of the deceased Kailash Narayan Soni, aged about 32 years, claimed compensation of Rs. 6,16,200/- for the death of Kailash Narayan caused in the motor accident occurred on 6. 8. 1990 when he was crushed by city bus No. MBH 927 owned by respondent No. 2, M. P. State Road Trans. Corpn. and driven by respondent No. 1. It was averred that the accident took place due to negligence of the driver as the deceased was alighting from the bus, he was on the footboard and the driver without seeing that the passengers have alighted or not started the bus as a result of which deceased fell down and was run over. He received multiple injuries resulting in his death.

(3.) THE respondents denied the claim and stated that the respondent No. 1 was not driving the bus rashly and negligently. It was the deceased, who to alight jumped from the bus which had not stopped. He received injuries due to his own act for that the respondents cannot be held responsible.