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1997 Supreme(SC) 1172

A.S.ANAND, K.VENKATASWAMI
Rajasthan State Road Transport Corporation – Appellant
Versus
Kailash Nath Kothari – Respondent


JUDGMENT

Dr. A.S. Anand, J.-Common questions of law and fact are involved in this batch of appeals filed by the Rajasthan State Road Transport Corporation (hereinafter referred to as the RSRTC ) against the (common) judgment of the High Court dated 22.1.1991 upholding composite awards made by the Motor Accidents Claim Tribunal (hereinafter the Tribunal) on 13.3.1989 and are, therefore, being disposed of by this common order.

2. Bus No. RSB 3945, besides some other buses, was hired by the RSRTC from its owner Shri Sanjay Kumar-respondent, to ply on the routes specified by the RSRTC. An agreement was executed between the RSRTC and the owner of the bus containing the terms of hiring the bus.

3. Bus No. RSB 3945 was, on the fateful day, 17.7.1981, being driven by Gopal and was plying on the route Kekri to Jaipur, for which route RSRTC had the route permit. At about 9.30 P.M. when the bus was near Renwal, it was noticed that water was flowing over the bridge of Bandi river, due to heavy rains. The passengers travelling in the bus requested the driver not to drive the bus over the bridge because of overflowing water but their request had no effect and the driver, despite the warning by th










































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