S.B.MAJMUDAR, S.P.BHARUCHA
Karnataka State Road Transport Corporation – Appellant
Versus
K. V. Sakeena – Respondent
JUDGMENT
Bharucha, J.
1. This is an appeal by special leave against the judgment and order of a Division Bench of the Karnataka High Court. The Division Bench was hearing appeals against three judgments delivered by the Motor Accidents Claims Tribunal, Bangalore, arising upon six claim petitions. Four claim petitions were filed to recover compensation for the death of four persons and two for injuries sustained. The four deceased and two injured persons were passengers in a bus owned by the Karnataka State Road Transport Corporation, the appellant, when it was involved in an accident at 10.30 p.m. on 6th May, 1987, on the Bangalore-Mysore road. The accident occurred when the bus hit a truck trailer coming from the opposite direction. Upon the trailer was mounted a rear dumper. (The rear dumper is a vehicle used to carry and dump earth from its rear end.) Subsequent to the collision, the bus moved 150 feet, collided with a tree on the left of the road and turned turtle. The bus driver was among those who died. The Tribunal came to the conclusion that it was the bus driver alone who was negligent. It rejected the contention that there was any negligence on the part of driver of the t
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