Evidence of P.W.-2 who was a passenger in the offending bus clearly deposed that he was travelling on the front seat of the bus when the accident took place. He deposed that as soon as the deceased boarded the bus, driver in a negligent and rash manner applied the brakes as a result of which passenger had fallen down from the bus and was grievously injured. In the cross examination, this witness has admitted that at the relevant time injured was not unconscious. This witness has clearly admitted that at the time injured boarded the bus, it was not moving but was standing with its engine on. Driver had suddenly moved the bus then applied brakes at a distance of 10 – 15 steps when deceased had fallen down from the bus. In cross examination, this witness has clarified that by 'khidiki' he means gate which was open and not closed. He further clarified that injured was standing on first step of the gate and one or two more passengers were standing at the gate. In view of such clarification given by the witness and extracted by the insurance company, it cannot be said that deceased had fallen down from a window which is not an authorized place for entry or exit. Thus when there is evidence of negligence of the driver, no fault can be attributed to the findings recorded by the learned claims Tribunal.
