MAMTA Vs. SARDAR BALJEET SINGH

JUDGEMENT

(1.) THE instant appeal is directed against the Award dated January 24, 1995, passed by the Judge, Motor Accidents Claims Tribunal, Jaipur city, Jaipur, whereby the claim-petition of the claimants was dismissed.

(2.) BEFORE I proceed to discuss the matter, it is relevant to mention the relevant facts of the claim petition. The claim petition was filed by minor Kumari Mamta D/o. Shambhu Dayal through her mother and guardian Smt. Geeta Sharma before the Tribunal, Jaipur city, Jaipur, which was registered as MACT case No. 578/89.

(3.) ON July 16, 1979, at 9.30 a.m., Shambhudayal had to leave for Mahapura. He went to the Bus Stand, where one Bus No. RRM 9927 was said to be ready to leave for Mahapura. He boarded the bus. When the bus started, in the way, the Conductor asked for ticket, then Shambhudayal told that he would like to go to Mahapura. Then the Conductor told him that he had boarded a wrong bus, as the bus in question was going to Sirsi. Shambhudayal was suggested by the Conductor to get down from the Bus, because that bus was not going to Mahapura. At that time, Shambhudayal requested the bus conductor to stop the bus, but the bus was not stopped by the conductor and he immediately said that you please get down from the bus. While the bus was in motion, the said Shambhudayal immediately got down from the bus and fell down. The bus ran over Shambhudayal during the course of getting down from the bus. Shambhudayal sustained serious injuries and, thereafter, he succumbed to his injuries in the hospital.