Area: Contributory Negligence
Judges: A K Sen, B K Chakrabarti
Facts: -
On October 28, 1969, Taher Seikh boarded a bus operated by the appellant. He was traveling to Bhatar after boarding in Khetia. Taher Seikh and other passengers climbed the bus at the top since there were no seats left inside due to its large passenger load. He took a seat on the bus's right side. But the driver veered the vehicle to pass a roadside cart. Taher fell to the ground after being struck by an overhanging branch of a tree as a result. His forehead and chest were both severely injured. He passed away from his wounds in the hospital one day later. Along with the insurance, the deceased's brother and mother filed a lawsuit under Section 110D of the Motor Vehicles Act seeking compensation from the bus's conductor and driver (appellants).
Issues: -
1. Is the bus's conductor or driver liable for negligence or rashness?
2. Does the insurer have to make any kind of payment?
3. Is there a contributory negligence claim against the deceased?
4. Do the petitioners have a right to be compensated?
Judgment: -
Based on all of the evidence, the Tribunal found contributory negligence on the part of the dead and concluded that the deceased should have exercised caution and considered his safety. However, the Tribunal determined that the conductor was clearly negligent in inviting the passengers to sit on the bus's roof. The driver was also judged guilty for negligence and recklessness because he swerved to the extreme right while the bus was accelerating. Therefore, the appellants' liability was diminished by the deceased's contributory negligence. The Tribunal also overruled the insurer's defense that the collision was not covered by the Motor collision Claim.
The Calcutta High Court, however, said that there was no contributory fault on the side of the deceased because each passenger entering the bus places his trust in the driver and conductor of the bus. Passengers who take public transit assume that they will be safe. The dead man was not the only one sitting on the roof; the conductor had asked numerous people to sit on the roof of the bus. Passengers had a reasonable expectation that the bus would be driven with caution and care.
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