1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4586 OF 2010 Divisional Controller M.S.R.T.C.Yavatmal Vs. Ismail Khan Siraj Khan Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri V. G. Wankhede Adv for petitioner. CORAM: .B. P. DHARMADHIKARI J. Dated: 21 st SEPTEMBER, 2010. Heard Shri Wankhede learned counsel for the petitioner. The Accident admittedly occurred because passenger took out his hand of M. S. R. T. C. Bus and got hit by another bus coming from opposite direction. Driver was charge sheeted on the ground that he did not take sufficient precaution. Labour Court has found that width of bridge was 22 ft. and both vehicles could have passed easily without any obstruction. It is apparent that had the passenger not put his hand out of bus window no accident would have occurred. Driver cannot be blamed for said 2 accident. Labour Court has also imposed costs of Rs. 1000/- on Enquiry Officer. The Enquiry Officer has not conducted any enquiry and the finding of the Labour Court in this respect cannot be said to be perverse. Enquiry Officer cannot act upon his own knowledge and appreciation of the situation. No case is therefore made for warranting any interference. Writ Petition dismissed. No costs. JUDGE svk 3 4 5