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1991 Supreme(Kar) 283

M.RAMA JOIS, B.N.KRISHNAN
K. V. THIMMEGOWDA – Appellant
Versus
KAMALAMMA (DECEASED) BY L. RS. – Respondent


Advocates:
C.K.KAMBEYANDA, H.L.KESHAVA MURTHY, R.V.VASANTH KUMAR, YOGANDER SINHA

RAMA JOIS, J.

( 1 ) IN these two appeals presented under Section 110-d of the Motor Vehicles Act (for short 'the act') important question of law that arises for consideration is whether an insurance company is liable to pay compensation in respect of the injury to or death of a third party, caused by a motor accident by a motor vehicle, which is a stage carriage, while plying or being used lawfully otherwise than as a stage carriage, at a public place, even if such place does not lie on the route in respect of which it is permitted to operate as a stage carriage?

( 2 ) THE brief facts of the case necessary for appreciating the question arising for consideration in these two appeals are: a bus bearing registration No. Myn 3257 belonging to the appellant was registered as a stage carriage. On 22-4-1975, according to the appellant, he had sent the bus to k. r, nagar in Mysore district to fetch diesel as diesel was not available at k. r. pet. On the way to k. r. nagar, the driver of the bus had parked the bus at chunchanakatte. When it was so parked someone meddled with the vehicle and as a result the vehicle moved backwards and hit against a stone mantap. As a result of the impact, the









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