The travelling time in one direction was approximately 5 hours, according to PW2.
The bus ferried passengers from Burhanpur at 630 AM and reached Indore at about 1100 AM.
It is number the case of the respondent that the deceased was at liberty to proceed home and return at leisure the next morning after parking the bus at the Burhanpur bus stand at night.
The facts of the case adequately reflect numberional extension of the duty, relying on General Manager, B.E.S.T. Undertaking, Bombay vs. Mrs. Agnes, 1964 3 SCR 930.
The route timings of the bus required the deceased to be readily available with the bus so that the passenger service being provided by respondent number 1 remained efficient and was number affected.
The deceased, aged around 42 years, was the driver of the public bus belonging to respondent number1.
The return journey would companymence from Indore at 300 PM and terminate at Burhanpur on or after 730PM.
If the deceased would have gone home every day after parking the bus and returned the next morning, the efficiency of the timing of the bus service facility to the travelling public would definitely have been affected, dependant on the arrival of the deceased at the bus stand from his house.
NAVIN SINHA, J. Leave granted.
He fell off the roof of the bus accidentally and died.
He met an accidental death on 18.07.2010 at the Burhanpur bus stand while companying down the roof of the bus of which he was a driver, after eating his meal.
The deceased was required to drive the public bus daily, ferrying passengers from Indore to Burhanpur and back from Burhanpur to Indore.
The salary of the deceased at the time of death was determined by the Tribunal at Rs.4,275/ per month while dismissing the claim case.
