The Managing Director vs Sandeep K H on 1 February, 2023
He also placed
reliance on the judgment of the Rajasthan High Court in
the case of Makbool Ahmed and Others vs Bhura Lal
and Others reported in AIR 1986 Rajasthan 177.
-9-
MFA No. 1074 of 2018
C/W MFA No. 8005 of 2017
Upon considering the facts and circumstances stated in the
above decisions, they are different from the present case.
No doubt it is the duty on the part of the driver and
conductor of the bus to observe whether any person is
getting down from the door. But when the claimant had
suddenly moved towards the door and tried to get down
from the moving bus, it also shows negligence on the part
of the claimant. These facts constitute difference in the
above stated judgments. Hence, they are not applicable.