Assigning defective bus is an act of gross negligence: HC

The High Court of Karnataka has observed that assigning a mechanically defective bus on the road for carrying passengers is nothing but an act of gross negligence.

The court said this while directing the state-owned Karnataka State Road Transport Corporation (KSRTC) to pay Rs 1.3 lakh compensation to a government school teacher.

The appeal was filed by R Chandraprabha, a resident of Kunthanahalli village, T Narasipura taluk of Mysuru district. The plea challenged the August 14, 2018, order of the Motor Accident Claims Tribunal at Mysuru rejecting her claim.

The incident had happened on August 22, 2012, and Chandraprabha had sustained a fracture after she fell down while alighting from the bus. The bus engine had caught fire and the entire bus was covered with smoke.

At that time, when the passengers were alighting from the bus, the driver allegedly moved the bus and consequently, the claimant fell down from the bus and sustained injuries to her right leg.

The Tribunal had dismissed the claim petition on the ground that the Investigating Officer had filed ‘B’ final report by stating that the driver of the bus was not rash and negligent.

Justice Hanchate Sanjeevkumar noted that though the driver may not found to be reckless and negligent in driving the bus, assigning a mechanically defected bus for carrying passengers is nothing but an act of gross negligence. The court said that this fact was not appreciated by the Tribunal.

“Therefore, under these circumstances, the claimant was constrained to alight from the bus, but not on her own wishes or will. When the engine of the bus caught fire due to failure of the radiator and filled with smoke, the claimant was constrained to alight from the bus as other passengers were alighting from the bus. Therefore, the act of tort is to be considered in the present case that due to negligence of assigning the bus to the route which was having mechanical defect in the engine or radiator is nothing, but causing negligence by the KSRTC,” the court said.