N.C.Jain, J.

1. This appeal has been preferred by the widow, sons and daughters of Shiv Charan, who died on 15.4.1981 as a result of his falling down from bus No. HYR 1009, belonging to Haryana Roadways. The deceased got into the bus from Dighal bus stand. The bus was on its way to Rohtak. It has come in the evidence that the bus was over-crowded. After the bus started and had covered only 5 to 10 paces, a speed breaker fell on the way and on account of the jerk of the bus which it had in view of speed breaker, the deceased fell down from the foot rest of the bus because he could not get into it in view of the same being over-crowded. The deceased was crushed by the rear wheel of the bus on account of his falling down. The claimants filed application with the allegations that the bus driver was negligent. After appreciating the entire evidence, it has been held that the driver of the bus was not negligent and that the claimants have failed to prove the negligence on the part of the bus driver.

2. The learned counsel for the claimants has argued that since the door was at the back of the rear wheels, it is not understandable as to how the deceased could be negligent when he