( 1 ) THIS Appeal raises a point of law of some consequence having regard to the unusual circumstances of the case. The issue centres around the question as to whether the liability as far as negligence is concerned is confined only to the action or non-action on the part of the driver or whether in the case of public transport vehicles the concept extends also to other members of the operating group, The facts are extremely clear insofar as the deceased Siddalingappa who was aged about 30 years had travelled in a K. S. R. T. C. passenger bus from Ghanagapur Station to vaijapur on 6. 11. 1988. He was an agriculturist and the bus had halted at Vaijapur bus stop at which time the deceased got on to the top of the bus and unloaded two bags of. coconuts belonging to him. He was in the process of unloading the third bag when it is alleged that the bus moved forward suddenly and that he was either thrown or fell off the top of the bus. As a result of the fall, he sustained injuries and was removed to hospital. He succumbed to the injuries on 24. 11. 1988.

( 2 ) A Claim Petition was filed before the M. A. C. T. Gutbarga claiming compensation aggregating to Rs. 1. 5 lakhs by