STATE OF HARYANA Vs. NIRMALA DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the owner of the Haryana Roadways bus challenging the award of the Motor Accidents Claims Tribunal (hereinafter referred to as "the Tribunal"). The claim was filed before the Tribunal by the legal heirs of the Conductor of the bus who died in the accident of the bus. The accident of the bus with the vehicle going ahead of the bus is not in dispute. The case, as has been put forth by the claimants is that the deceased was thrown out of the bus while the case of the appellant is that the deceased jumped out from the bus and the death was not caused due to the accident and, therefore, the appellant is not liable to pay any compensation.

(2.) WE do not agree with the arguments of the learned Counsel, firstly, the cause of jumping, if any, is the accident which has taken place. The accident has taken place because of the brakes applied by the driver of the vehicle going ahead. In such a position, no person sitting in the bus will even get an opportunity to jump out of the bus. Jumping out of the bus is not easy and it is also not easy to jump out from the bus through the window. A person can be thrown out from the bus but he cannot jump from the window. Even assuming that he had jumped to mitigate the injuries, then also the cause of death cannot be separated from the accident. The driver of the vehicle has to keep safe distance from the vehicle going ahead so that in case that vehicle stops abruptly he should have proper opportunity for stopping his vehicle. This obviously has not been done in this case. Therefore the principle of res ipsa loquitur directly applies in this case. The Tribunal has not accepted the plea of jumping from the window of the bus and we have also not accepted it. However, even if it is accepted it would not change the finding on the issue of negligence of the driver in causing the fatal injuries.