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V.P.TIPNIS, T.D.SUGLA
MAHARASHTRA STATE ROAD TRANSPORT CORPN. – Appellant
Versus
TULSABAI TUKARARA KADAVE – Respondent


Advocates Appeared:
For the Appellant : G.S. Hegde
For the Respondent: A.R. Kudrolli and A.P. Vaze

JUDGMENT

T.D. Sugla, J.

1. This appeal involves only two questions, namely, (i) whether the driver of the bus No. MTD 9212 was alone negligent or whether the deceased Tukaram Anant Kadave was also negligent; and (ii) whether the amount of compensation awarded was not too small and whether the brothers and sisters of the deceased were also entitled to any compensation.

2. The accident took place on September 25, 1981 in which the deceased Tukaram Anant Kadave was crushed between the two buses belonging to the Maharashtra State Road Transport Corporation bearing Nos. MTD 9212 and MTD 9797. It is common ground that both the buses were about to enter the premises of the State Road Transport Corporation's depot near the railway station, Thane, one after the other. Bus No. MTD 9212 had, in fact, partly entered the gate of the depot but was not finding its way through. The second bus was also trying to enter the depot and was about 2 to 3 feet behind the first bus. When this was the position, the deceased Tukaram Anant Kadave tried to pass through between the two buses to the other side of the road. When he was so doing, the bus No. MTD 9212 which had partly entered the gate, all of a sudden

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