- (1.) This appeal is directed against the award dated 9-3-1994 passed by Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as "the Tribunal"), whereby the claim petition filed by the legal heirs of the deceased was dismissed.
(2.) It is unnecessary to burden my award with the facts of the case, inasmuch as, these have been, in detail, recapitulated by the learned Tribunal. However, the facts required to be noticed for the disposal of this appeal are that on 16-3-1993 at 8.30 a.m. deceased Manohar Lal along with his son Pardeep Kumar boarded Pepsu Roadways Bus No. PBII-9490, driven by Bhagwant Singh driver, respondent No. 2, from Ludhiana. When the bus reached in the area of Pehowa, then a checker of the roadways gave a signal to stop it near Petrol Pump and started checking the tickets of the passengers in the bus. Manohar Lal and Pardeep Kumar got down from the bus. Manohar Lal climbed on the roof of the bus to remove his luggage. Respondent No. 2, driver of the bus, suddenly started the bus without blowing any horn, as a result of which, Manohar Lal fell down from the roof of the bus and became unconscious. Immediately, the injured was removed to Civil Hospital, Pehowa, where he was treated. He was then referred to C.M.C. Ludhiana, where he died on 19-3-1993.
(3.) The learned Tribunal, after framing of issues and appreciating the ocular as well as documentary evidence produced by the parties on the record of the case, has dismissed the claim petition filed by the legal heirs of the deceased.;