1. One Abraham died, alleged to be in a motor accident while fitting a glass to a stationary bus. For that purpose, he was climbing on the wall very close to the place where the bus was stationed. One of his feet was on the wall and the other on the backside of the bus. There was movement to the bus and he fell down and succumbed to the injuries. The appellants/ claimants approached the tribunal.

2. Respondents 1 and 2, the owner and driver of the vehicle denied the employment of the deceased for fitting the glass. According to them, no such accident had taken place. He was only climbing a wall near the place where the bus was stationed and the bus was stationary. He fell down from the wall and that is styled as a motor accident to get compensation.

3. The tribunal considered the facts and evidence on record and found that there was no motor accident arising out of the use of the vehicle to claim compensation. Hence the tribunal dismissed the claim petition.

4. The judgment dismissing the claim petition is assailed in this appeal. It is contended relying on the decision in Sharlet Augustine v. Raveendran (1992 (1) KLT 795), Babu v. Ramesan (1995 (2) KLT 300), New India Ass