JUDGMENT - C.S. DHARMADHIKARI, J.:---This is an appeal filed by the appellant against the judgment and decree passed by the Civil Judge, Senior Division, Alibag dated 30th September, 1981 in Special Civil Suit No. 26 of 1979 directing the appellant-original defendant No. 1 to pay an amount of Rs. 72,176-49 Ps. towards the claim made by the Maharashtra State Road Transport Corporation arising out of an accident in which the Ambassador car of the Corporation was badly damaged and two of its employees died on the spot and the third one suffered certain injuries. It is not disputed that on 15th of March, 1978 Sarvashi Shirodkar and Sawant were in the car belonging to the Corporation and Shri Muley was at the wheel. According to the plaintiff-Corporation, the car was being driven with due care and in a moderate speed obeying all the relevant rules and regulations. When it came near Mile Stone No. 137/6 of Bombay-Konkan-Goa Road in village Lohar Mal, there was a narrow culvert on the road. At that time the tanker owned by the appellant-defendant No. 1 Sharda Prasad Singh and driven by the defendant No. 2 was coming from the opposite direction and was proceeding to Bombay side. Seeing th

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