JAIMAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS first appeal is directed against the award dated November 15, 1984 passed b the Motor Accident Claims Tribunal, Ferozepur whereby the application, for compensation filed under Section HO-A of the Motor Vehicles Act 1939 by the appellants herein had been dismissed.

(2.) THE relevant facts are that on; May 9, 1983 Rajinder Singh- deceased boarded bus No. RRM-7696 owned by the Rajasthan State Road Corporation, Jaipur on Sri Ganganagar road for coming to village Maujgarh The said bus was driven by Darshan Singh, driver who is one of the respondents and Bhanwar Lal was the conductor. When the bus reached Maujgarh, the deceased asked the conductor to stop the bus as he wanted to get down The conductor is said to have given a whistle and the bus stopped. According to the case of the appellants, while Rajinder Singh was getting down from the bus, the conductor again whistled whereupon Darshaq Singh, driver started the bus. Rajinder Singh who was in the process of getting down received a jerk and fell down on the road and received head injuries. He was taken to the civil hospital where he was declared dead. According to the post mortem report, head injuries received by the deceased were sufficient to cause death in the ordinary course. Rajinder Singh deceased was about 14 years of age at the time of the accident and was a student of 8th Class His father who is a mason and his mother Smt. Muni Devi filed a claim application under Section 110 A of the Act claiming a sum of Rs. 50,000/ as compensation on the allegations that his death was caused due to rash and negligent driving of the aforesaid bus

(3.) THE claim was resisted by the respondents. While admitting the accident and the death of Rajinder Singh, it was pleaded that the bus was still in the process of slowing down when Rajinder Singh himself opened the door and jumped out from the moving vehicle and, therefore, died due to his own negligence. The pleadings of the parties gave rise to the following issues : -