DIVISIONAL CONTROLLER KSRTC Vs. K R SRINIVASA

JUDGEMENT

(1.) This appeal, by the opposite party, is directed against the order dated 5.4.1991, passed by the District Forum, Gulbarga, in complaint No. C-87 of 1990 directing the opposite party to pay compensation in a sum of Rs.525-50 with interest thereon to the Complainant. The facts, briefly stated, are as follows: 1. The Complainant, on 9.10.1990, boarded the Shahapur-Bangalore bus, KSRTC Bus, at Shorapur that is, by about 8.00 p. m. , and obtained tickets from Shorapur to Bangalore. The said bus on its way to Bangalore, reached Lingsugur by about 9.15 p. m. The Conductor of the bus asked the passengers to have their meals. The complainant also went to Canteen to have his meals. By the time he came out of the canteen by about 9.30 p. m. , the bus had already left the bus-stand leaving the complainant in the bus-station at Lingsugur. It is the further case of the complainant that he immediately took a taxi from Lingsugur to catch the said bus wherein he had his luggage. By the time he reached Maski, the said bus had already left Maski also. So the complainant immediately reported the matter to the Police at Maski and the Police asked the Police at Shindhnoor to collect the luggage of the complainant at Shindhnoor. The complainant, therefore, went in the same taxi to Shindhnoor and in the Police station he collected his luggage. Thereafter, by taking a different bus, reached Bangalore. The complainant, on the basis of these averments, sought compensation for deficiency in service rendered by the Opposite Party - K. S. R. T. C.

(2.) The Opposite Party-KSRTC, filed its version and admitted the fact that bus left Shorapur around 8.00 p. m. on that day. It also admitted the stopping of bus at Lingsugur. Busstand for meals. But it averred that no passenger was left at Lingsugur. The Opposite Party, on the basis of these averments, sought the complaint to be dismissed.

(3.) During inquiry, the complainant examined himself as P. W.-1 and got Ex. P-1 to P-5 marked in evidence. The Driver of the said bus was examined as R. W.1, Ex. R-1 and Ex. R-2 were marked in evidence.