( 1 ) THIS appeal is instituted by the KSRTC, against the judgment and oward d 18-11-1975 passed in MYC No. 10 of 1969, on the file of the Accidents Claims Tribunal No. I, Belglum.

( 2 ) ON 2-2-1969 at about 2 a. m the ST. bus bearing no. MYF 4025 belonging to KSRTC, was stationed by its driver near Ugargpl Naka on saundatti Yellamma Hills in a slope unattended. The bus suddenly started moving and dashed againsit a tea stall causing considerable damage to the stall and resulting in the fraciture of the shoulder bone of the claimant. The claimant got himself treated in the hospital and presented, the claim petition to the Tribunal on, 22-3-69 claiming compensation of Rs. 15,000, both for injuries sustained and the damages caused to thei property. The respondent-1 the KSRTC resisted the claim on the ground that the bus moved down the slope as its gear gqt released and as such it could not be said that the accident arose in the use of the motor vehicle or due to the negligence of the driver. In that way, it submitted that the Tribunal has no jurisdiction to entertain the claim. It also contended that claim with regard to the properties was not maintainable before the Trib