FA/1483/1984 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1483 of 1984 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= DILIPSINGH JEEVATSINGH & 1 - Appellant(s) Versus IBRAHIM AHMED SHAIKH & 1 - Defendant(s) ========================================================= Appearance : MR KH BAXI for Appellant(s) : 1 - 2. MR PRABHAKAR UPADYAY for Defendant(s) : 1, MR PRASHANT G DESAI for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 07/05/2008 ORAL JUDGMENT 1.0 By way of this appeal, the appellants – original claimants have challenged the judgment and award dated 28th March, 1983 passed by Motor Accident Claims Tribunal No.2 FA/1483/1984 2/3 JUDGMENT (Auxiliary), Ahmedabad (hereinafter referred to as 'the Tribunal') in Motor Accident Claim Petition No.2 of 1982 whereby the claim petition filed by the original claimants was dismissed. 2.0 The brief facts of the case are as under: 2.1 It is the case of the appellants that on 19th September, 1981 at about 1600 hours, Harbhajansingh, son of the appellants herein, was travelling in AMTS Bus Route No.101/1. He was to get down at the bus-stand near Advance Mill since he was employed in the Mill. When the bus did not stop at the said bus stand. Harbhajansingh and two other passengers requested the conductor to stop the bus. Thereupon, after the driver stopped the bus ahead of the Advance Mill Bus stand, the two passengers got down from the bus. While Harbhajansingh was alighting from the bus, the driver abruptly started the bus as a result of which, Harbhajansingh fell down and was crushed under the rear wheel of the bus. He sustained grievous injuries on his head and other parts of the body and died on the spot. 2.2 The appellants, therefore, filed a claim petition before the Tribunal claiming compensation of Rs.1,50,000/- on the ground that the deceased was their only son and was the sole earning member in the family. While considering the claim of the appellants – original claimants, the Tribunal came to the conclusion that deceased Harbhajansingh tried to alight from the bus while it was in motion and held that the accident occurred because of the fault of the deceased and not on account of negligence of the driver. Hence, the present appeal. 3.0 Heard learned counsel for the respective parties and perused the documents on record. On perusal of the record, it becomes clear that it was the deceased and two other passengers FA/1483/1984 3/3 JUDGMENT who had requested the driver to stop the bus and it was on their request, the bus was made to stop. Therefore, it cannot be said that there was any intention on the part of the driver to start the bus before the passengers alight from the bus. It appears from the record that the main gate of the Mill where the deceased was working is situated somewhere in between the bus-stands of the said Mill and Heerabagh. Therefore, for getting down near the main gate, the deceased alighted from the moving bus while it was passing near the main gate. Nothing contrary is coming from the record to record a finding contrary to the one mentioned hereinabove. Keeping in mind the above aspects, the Tribunal has rightly rejected the claim petition of the appellants. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and, therefore, no interference is called for. 4.0 In the result, the appeal is dismissed. No order as to costs. ( K.S. Jhaveri, J. ) hki