NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION Vs. VIJAYALAXMI

JUDGEMENT

(1.) THIS Appeal is listed before us to consider the following questions namely :

(2.) THIS is a Corporation's Appeal. The Claimants are wife and children of deceased Ramesh Reddy. The case of the Claimants is that on 24.5.2006, deceased Ramesh Reddy had come to Gulbarga from Sedam for purchase of materials. While returning back, he boarded NEKRTC bus bearing registration No.KA-32-F-658 at 8.45 p.m. near Tirandaz Talkies, Gulbarga, as it was the last but to Sedam. The conductor had issued tickets to all the passengers. Due to heavy rush there was no space inside the bus. Hence, the conductor allowed the passengers to travel on the roof of the bus. The deceased was one such passenger who traveled on the roof of the bus. The driver of the bus drove the vehicle in a rash and negligence manner. As a result, the branches of the tree hit the deceased due to which he sustained injuries. After hearing the hue and cry of the other passengers who were also traveling on the roof of the bus, the driver stopped the vehicle. Deceased Ramesh Reddy was shifted to Government Hospital, Gulbarga. From there he was admitted to Basaveshwar Hospital, Gulbarga, where he underwent operation on the same day. Thereafter, he was shifted to Hyderabad in an ambulance for further treatment. However, on the way Ramesh Reddy succumbed to injuries. He was declared dead on 25.5.2003 at about 5 to 6 p.m. Contending that the accident was on account of rash and negligent driving by the driver of the bus his legal heirs put forth their claim.

(3.) THE driver of the bus did not contest the matter. It is the Second Respondent-Corporation which contested the claim by filing detailed statement of objections.