( 1 ) THIS is an appeal filed by the claimant, son of the deceased against the award dt. 31-10-1984 passed by the Motor Accident Claims Tribunal, Shajapur in Claim Case No. 12/83 whereby the learned Tribunal has dismissed the claim petition.

( 2 ) THE facts giving rise to this appeal, briefly stated, are as follows :-on 20-10-1982 the deceased Bhojraj was intending to travel as a passenger in the Guna-Ujjain Passenger Bus bearing registration No. CPH-8594 belonging to the respondent MP State Road Transport Corporation and while the bus in question was standing at the bus-stand in village Moman-Badodiya which is on Guna-Ujjain route, the luggage of deceased Bhojraj was put on the top of the bus and in order to check that luggage the deceased Bhojraj climbed up the ladder affixed to the rear portion of the bus. While the deceased was so climbing up, the ladder gave way and the deceased fell down on the ground, sustaining serious injuries which ultimately resulted in his death in T. Choithram Hospital, Indore where he had been brought for treatment after having been treated at Moman-Badodiya Hospital and Shajapur Hospital. The claimant son of the deceased filed this cl