Hon'ble RAFIQ, J.—Claimants have filed this appeal against the award dated 04.04.2000 of learned Motor Accident Claims Tribunal, Ajmer, in MAC Case No.749/1999 (180/89), whereby learned Tribunal dismissed their claim case on the ground the negligence of the driver of the bus owned by respondent Rajasthan State Road Transport Corporation (for short, 'RSRTC') was not proved and that death of deceased occurred due to his own negligence. 2. Facts of claim case are very startling. The bus owned by respondent RSRTC met with an accident because of failure of its break due to rupture of break pipe. Driver of the bus turned turtle and, in the process of saving his life, the deceased jumped out of the bus and died. Learned Tribunal found him negligent and therefore, holding that it was due to the negligence of the deceased himself, dismissed the claim petition. 3. Shri V.S. Yadav, learned counsel for the respondent RSRTC, justified the impugned award of learned Tribunal and argued that it was the hilly track and, when the bus was being driven, the brake pipe of the bus raptured. The driver of the bus tried to save the bus and turned it towards valley because on the opposite side there was a valley and he took the bus towards that side resulting into the bus getting turned turtle. Even if the break failed due to rupture of brake pipe, the effort of the driver was to save the life of the passengers and he was therefore acting bona-fide. No other life was lost. If deceased died, it was because of his own negligence as he jumped out of the bus. Even if what learned counsel appearing on behalf of the respondent RSRTC has argued is accepted to be true, at the maximum it can be said to be a case of minor contributory negligence on the part of the deceased. If the buses of the respondent RSRTC are not properly maintained or that the brake pipe was ruptured resulting into failure of brake, the deceased could not be held responsible for that, so this negligence is to be held either of the bus driver or the bus owner and not of the deceased, as the deceased was travelling in the bus as a passenger on payment of fare. He jumped out of the bus when he came to know that there was failure of brake as a result of the rupture of brake pipe. He apprehended that since the bus was being driven in hilly track, he jumped aiming at saving his life and not committing suicide. The findings recorded by learned Tribunal on this aspect, therefore , cannot be appreciated. 4. In view of the above discussion, this matter deserves to be remanded back to the Tribunal by setting aside the award. 5. Accordingly, the award is set aside. The matter is remanded back to the Tribunal, which shall decide it afresh in accordance with law, after notice to the claimants, within a period of one year. A copy of this judgment be endorsed to the Tribunal as well as claimants, for information. Appeal stands disposed of.