RATI RAM PANDEY Vs. LALIT KUMAR

JUDGEMENT

(1.) This is an appeal directed against the award dated 30.7.1993 passed by the learned Claims Tribunal in Claim Case No. 12 of 1992, whereby the learned Tribunal has dismissed the claim petition.

(2.) The brief facts which are necessary for disposal of this appeal are that the appellant No. 1 was father of deceased Nandkishore, appellant No. 2 was mother of deceased and appellant Nos. 3 to 5 were brothers and sister of the deceased Nandkishore. The non-claimant No. 1 Lalit Kumar is owner of bus No. MHG 5653 and non-claimant No. 2 is driver of the said bus. The vehicle in question was insured with the non-claimant No. 3. It is alleged that on 10.3.1990 when the non- claimant No. 2 was driving the said bus from Lanjhi to Rajegaon, at that time Nandkishore was issuing tickets as conductor. On the alleged date of incident, driver Suresh s/o Mohan was on leave. At about 6 p.m. the bus was proceeding from Rajegaon to Lanjhi and at that time, there were about 90 passengers in the bus. The bus was driven by the non-claimant No. 2. Near Devgaon, Nandkishore was standing on the gate of bus and he was managing the boarding as well as getting down of the passengers. It is alleged that at that time, Nandkishore fell down from the bus as the door of the bus was not in proper order and the locks of the door were not in working condition for which it could not be closed. It is alleged that on falling from the bus, Nandkishore was dragged to a considerable distance by the bus. It is alleged that passengers shouted for stopping the bus, but the bus could not be stopped as the non-claimant No. 2 was driving the bus in a rash and negligent manner. When Nandkishore was crushed under the wheels of the bus and on account of excessive haemorrhage, he died. It is alleged that one Gupta Master, who saw the whole thing, chased the bus on his motor cycle and informed the driver that one passenger had fallen down from the bus and got the bus stopped. Thereafter, deceased Nandkishore was taken to hospital and he ultimately succumbed to the injuries. Therefore, the parents of the deceased and brothers and sister of deceased filed the present claim petition.

(3.) The claimants examined Dr. N.P. Tamarkar as CW 1, Suresh, driver of bus as CW 2, Yashwant as CW 3, Ramprasad Turkar as CW 4 and Rati Ram, father of the deceased as CW 5. The non-claimants examined three witnesses.