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2000 Supreme(Kar) 650

M.F.SALDANHA
NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION – Appellant
Versus
S. D. GHATAGE – Respondent


M. F. SALDANHA, J.

( 1 ) I have heard the learned advocates on both sides. This case has necessitated certain further innovations in the type of reliefs which the court should grant in cases of the present type the petitioner is the North West Karnataka road Transport Corporation, hereinafter referred to as the Corporation and has assailed the validity of an award of the Labour Court dated December 14, 1999. The respondent employee was a driver with the Corporation at the relevant time and it was alleged that he was driving Bus No. MYF 8731 which had entered the Hubli Bus-stand on September 9, 1989 and that an injury was caused to a passenger who was attempting to board the bus. The injury turned out to be fatal. The Corporations version is that the driver was rash and negligent while manoeuvering the bus inside the bus-stand whereas the defence pleaded by the employee is of some significance. It was his version which was borne out by two defence witnesses that there was virtually a mad rush and a scramble as the bus was approaching from the potential passengers and that one of them attempted to put something on the seat of the bus ostensibly to reserve a place for himself while th










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