M. B. VISHWANATH, J.

( 1 ) THIS appeal has been filed under Section 110-D of the Motor vehicles Act, 1939 and it arises out of the judgment and award passed in MVC 966 of 1983 on 23-12-1986 by the Motor Accident claims Tribunal, Metropolitan Area, Bangalore City.

( 2 ) IN the claim petition filed by the claimant-Narayanamma (respondent 3 in this Court), the present appellant Southern railway was the second respondent. The Karnataka State Road transport Corporation (KSRTC) was the first respondent. The driver was the third respondent. The driver has not been impleaded as a party in this Court. The claimant-Narayanamma mother of the deceased is the third respondent in the present appeal.

( 3 ) AS I have already stated, the Southern Railway is the present appellant.

( 4 ) THE accident happened this way: The deceased Seena (son of the claimant Narayanamma) was travelling in the BTS bus bearing No. MYF 740 on 14-6-1983 from K. R. Market to horamavu. The driver of the said bus was driving the bus in a highly rash and negligent manner, in spite of the passengers repeated requests to drive cautiously. When the bus was approaching the railway level crossing near Horamavu, the driver drove th

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