MADHYA PRADESH STATE ROAD TRANSPORT CORPORATION Vs. YASIN

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act, against the award of the Claims Tribunal.

(2.) THE facts in brief are that on 30 -1 -1970 at 8.30 a.m., the deceased Syed, aged about 12 years, was going from Badwali chowki towards his house in Bajariya, by the left side of the road, when the city bus No. MPG 4800 came from behind and knocked him down. As a result, the boy Syed was thrown on the left side and he fell unconscious and a crowd collected but the bus did not stop, and went away. A report of the incident was lodged immediately by the father of the boy in Sadar Bazar Police station, Indore. Thereafter, the boy was taken to M.Y. Hospital, where he expired at about 2 p.m. due to the injuries sustained by him. A claim for damages amounting to Rs. 30,000/ - was laid by the parents of the deceased against the Appellant and the driver of bus. The defence was that the boy was hanging on the back side body of the bus, he slipped and received the injuries and there was no negligence or rashness on the part of the driver. The learned Claims Tribunal passed an award of Rs. 5000/ - on account of pecuniary loss incurred by the parents on the death of the boy. Against this award, the present appeal has been preferred by the Madhya Pradesh State Road Transport Corporation and there is no cross objection.

(3.) IT is well established that a person driving a motor vehicle on a highway must drive the vehicle with reasonable care, strictly observing the traffic Regulations and the rules of the road, so as not to imperil the safety of other persons, whether they are pedestrians or cyclists or others, who have similar right to use the highway on which he drives it. The driver must keep a good lookout in all directions of the road, on the sides and on the stretch of the road in front of him.