1. Kangali Das, a resident of Sadang Hating, within Keonjhar District in Orissa State was employed as a skilled miner in Orissa Mineral Development Company Limited at Thakurain. He was 30 years old and was drawing salary of Rs. 2500/- per month.

2. On 23.9.1993 he had taken voluntary retirement and had started business of readymade garments at Chaibasa.

3. On 4.11.1993 he was travelling on Bus (BRS-8567) from Jhinkpani to Chaibasa on its room. At Jhinkpani Railway crossing driver of the bus negligently stopped it applying sudden break and as a result of jerk, he was thrown from the roof, sustained grievous injuries on head and other parts of the body and became senseless. He was admitted at Sadar Hospital at Chaibasa where he died within one hour.

4. His widow minor son and daughters filed Compensation Case No. 4 of 1994 for compensation under the Motor Vehicles Act, 1988 (hereinafter referred to as the Act).

5. Both owner as well as insurer of the bus contested the case. The insurer contended that the bus was overcrowded and the deceased had climbed on its roof top of his own. In utter negligence knowing fully well that the road condition was not worth sitting on the roof top of