N. Kumar, J.

ORDER ON REFERENCE

This appeal is listed before us to consider the following questions namely:

(i) Whether a passenger who travels on the roof-top of the bus meets with an accident and on account of that earlier he sustains injuries or dies in such an accident, could it be held that there is a contributory negligence on his part for such an accident and if it is held that there is the extent of contributory negligence on the part of the passenger and the driver and conductor of the bus who were conducting the bus?

(ii) Whether the view taken by the two Division Benches of this court in the case of Mayamma (supra) and Shivaleela (supra) is the correct view or whether the decision of the Division Bench in the case of Sunanda (supra) is the correct view or any other view fixing different percentage of contributory negligence on the driver or the conductor or the passenger is required to be taken?”

2. This is a Corporations appeal. The claimants are wife and children of deceased Ramesh Reddy. The case of the claimants is that on 24.05.20063, deceased Ramesh Reddy had come to Gulbarga from Sedam for purchase of materials. While returning back, he boarded NEKRTC bu