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1980 Supreme(SC) 44

R.S.PATHAK, V.R.KRISHNA IYER
Rajasthan State Road Transport Corporation, Jaipur – Appellant
Versus
Narain Shanker – Respondent


JUDGMENT

KRISHNA IYER, J.:—These three petitions for special leave relate to a road tragedy where many lost their limbs while travelling in a bus belonging to the nationalised transport system of Rajasthan. A flimsy plea was put forward by the operator to escape liability for compensation that the lights of the bus accidentally failed and thus the unfortunate episode occurred. Other embellishments were also set up for the purpose of ex-oneration. The Accidents Tribunal was not taken in and, having disbelieved the evidence, awarded compensation in sums far lower than were claimed by the victims.

2. Two contentions were raised and rightly overruled and they have been repeated in the Petition for special leave and we similarly reject them. The nature of the accident and the surrounding circumstances are such that the doctrine res ipsa loquitur was rightly invoked by the court. Indeed, the terrible accidents attributable to reckless driving and escalating year after year make our highways great hazards. One should have thought that nationalisation of road transport would have produced a better sense of social responsibility on the part of the management and the drivers. In fact, one of






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