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1989 Supreme(Bom) 280

V.A.MOHTA, D.J.MOHARIR
Zubeda Bano Abdul Aziz Qureshi & others – Appellant
Versus
Divisional Controller, Maharashtra State Road Transport Corporation & others – Respondent


JUDGMENT - MOHTA V.A., J.:---This is an appeal under section 30 of the Workmen's Compensation Act, 1923 (the Act) by the legal heirs of the deceased Abdul Aziz Qureshi, whose claim for compensation under section 22 of the Act has been dismissed by the Commissioner.

2. Abdul Aziz, aged 51, was a bus driver in the service of the Maharashtra State Road Transport Corporation (MSRTC). On 7-11-1983, in the regular course of his employment, he drove a passenger bus from Umred to Nagpur. The bus reached Nagpur about two hours late at 8.30 p.m. The second part of the journey was to commence for destination Girad at 9.30 p.m. The bus was stationed at the bus stand platform. All passengers got down and the conductor Iqbal Shaikh proceeded to issue tickets. When the first two passengers to Girad Ramchandra and Mohd. Hussain entered the bus, they found Abdul Aziz lying unconscious on the bonnet and the steering wheel. They reported the matter to the conductor who along with mechanic Mohd. Akram entered the bus, lifted the body of Abdul Aziz, put it in the lying condition and straightway took the bus to the Government Medical College Hospital, where Abdul Aziz was declared dead by the attending d

































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Judicial Analysis

Ramrao Zingraji Shende VS Indian Yarn Manufacturing Company - 1992 0 Supreme(Bom) 49: Treated as followed or relied upon. Referenced alongside Zubeda Bano case in a positive context: "V) In a case of (Zubeda Bano and others v. ... of employment to the course of the said transport." Indicates supportive citation in employment context.

F. C. I. Class Iv Employees Union VS F. C. I. - 1993 0 Supreme(P&H) 346: Treated as followed or relied upon. Counsel "refers to the decision... in State of U. P V/s. ... State of Punjab 1982 PLJ 441", showing affirmative reference by counsel.

NATIONAL INSURANCE CO. LTD, BANGALORE VS BALAWWA - 1993 0 Supreme(Kar) 131: Treated as followed or relied upon. Cited positively: "(4) zubeda bano v Maharashtra state road transport corporation, 1991 ... (see: devshi bhanji khona 's case and zubeda bano 's case)". Explicit "see" directive and upholding of related conclusion.

Depot Manager, APSRTC, Karimnagar VS Gurrapu Anjamma - 1999 0 Supreme(AP) 425: Treated as followed or relied upon. Quoted directly: "Zubeda Bano and others v. S. R. T. C. ami others, LLJ 1991 (1) 66." in context of driver heart attack case, with para reference.

QURAISHA BIBI (SMT. ) VS SHIPPING CORPORATION OF INDIA LTD. - 2002 0 Supreme(Cal) 452: Treated as followed or relied upon. Cited with holding: "Divisional Controller... 1991-I-LLJ-66 (Bom), it was held that in the absence...", then "In the case of Zubeda Bano and Ors. v.", indicating approval in employment injury context.

New India Assurance Company Ltd. VS Lodya Shankar - 2003 0 Supreme(AP) 1166: Treated as followed or relied upon. Listed among cases: "Zubeda Bano and others v....", alongside SCC and other citations, suggesting supportive grouping.

SOM DUTT BUILDERS LTD VS PHOOL KUMARI, WIFE OF LATE MANBIRENDER SINGH - 2004 0 Supreme(Del) 126: Treated as followed or relied upon. Referenced descriptively: "ZUBEDA Bano v. ... Controller v. ... Maharashtra SRTC, 1991 I LLJ 66 (Bombay) also concerned a driver of a bus.", in parallel with similar facts.

Asha Pralhad Karle VS Sarpanch, Grampanchayat Valan Taluka Rahuri, District Ahmednagar - 2016 0 Supreme(Bom) 1816: Treated as followed or relied upon. Counsel "rightly placed his reliance on the decision in the case of Zubeda Bano", explicit reliance statement.

Star Health and Allied Insurance Co Ltd VS Ambedkar Singh - 2019 0 Supreme(Del) 590: Treated as followed or relied upon. Quoted and listed: "Maharashtra State Road Transport Corporation, (1991) 1 LLJ 66 (Bombay)." ... "In Zubeda Bano v. Maharashtra S.R.T.", with further case reference "(e) In Depot Manager...", indicating positive chain.

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