RSRTC Vs. SANTOSH AND ORS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 03.06.1995 passed by the Motor Accident Claims Tribunal, Bali, District Pali (for short 'the Tribunal' hereinafter) in Civil Misc. Case No.39/1991, whereby the learned Tribunal has awarded compensation of Rs.2,75,000/- to the respondent-claimants in connection with an accident took place in the intervening night of 04.03.1991 and 05.03.1991 involving a bus bearing No.RJ-14-P-154 owned by the appellant, wherein one Ramniwas resident of Phidaud, Tehsil Nagaur has died.

(2.) Brief facts of the case are that a claim petition was filed by the respondent-claimants in which it was alleged that on the intervening night of 04.03.1991 and 05.03.1991, deceased Ramniwas was travelling in the bus No.RJ-14-P-154 on Jodhpur- Ahmedabad Route from village Keerva to Sanderao, District Pali. It is stated in the claim petition that there was rush in the bus and, therefore, Ramniwas was standing near the exit door of the bus and when the bus reached near Birami Bridge, at a sharp curve, the bus driver drove the bus at high-speed, on account of which, the exit door of the bus was got opened; Ramniwas fell down from the bus and was crushed under the rear tyres of the bus, he succumbed to the injuries on the spot. In the claim petition, it was claimed that at the time of the accident, Ramniwas was employed with the Rajasthan Police on the post of Constable and as such the claimants have claimed for compensation of Rs.5,63,000/-.

(3.) The claim petition preferred by the claimants was contested by the appellant and other respondents-non-claimants, and it was contended that the deceased Ramniwas fell down from the bus due to his own negligence and, therefore, the appellant is not entitled to indemnify the damages caused to the claimants on account of death of Ramniwas.