VIJAY SINGH Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) Travelling on the roof of the bus, does it per se constitute contributory negligence on the part of such passengers if due to the negligence of the bus driver injury is caused to him? Here lies the significant point in issue in this appeal.

(2.) On June 30, 1983, the claimant- Vijay Singh boarded Haryana Roadways Bus HRF-5190 at Fatehabad on his way home at village Bhadolan Wali on the Fethehabad-Thedi-Hanspur Road. As the bus was full to capacity, the claimant got on the roof of the bus. When this bus reached near village Thedi, there were over-head electric wires hanging across the road. According to the claimant, he got entangled with one of these wires and was thrown off the bus as a result of which he sustained serious injuries. Compensation was asked for by him in respect of these injuries.

(3.) According to the respondents, that is, the bus-driver and the General Manager of the Haryana Roadways, the claimant had climbed on to the roof of the bus despite the express warning against it given to him by the driver and the conductor of the bus and he did not get down and come into the bus even at the next bus-stand when there were seats available inside the bus. Further, it was their case that the claimant had jumped down from the roof of the bus when the hanging electric wires were 100 yards away. In other words, it was denied that he was thrown off the bus by getting entangled with the hanging electric wires.