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2000 Supreme(Guj) 50

D.C.SRIVASTAVA, H.K.RATHOD
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
ISUF ISMAIL MANSURI – Respondent


Advocates Appeared: DARSHAN M.PARIKH, HARDIK RAVAL

D. C. SRIVASTAVA, J.

( 1 ) THESE 11 appeals arising out of the same accident involving common questions of law and facts are proposed to be disposed of by a common judgment.

( 2 ) ON 17-5-1982, there was head-on collision between the appellants Bus no. GRR 8270 and mini-truck cum-Tempo No. GRQ 5622 near Bakrol-Alindra patiya on Halol-Kalol Road. It is in the evidence that there were 95 passengers in the S. T. bus and 16 passengers in the mini-truck who were having two monds of timber leaves each. On account of head-on collision, the driver of the S. T. bus died on the spot. One passenger also died on the spot. In all 3 persons died on the spot and 28 sustained injuries. 31 claim petitions were filed on behalf of the injured and legal representatives of the deceased. It was alleged that the driver of the S. T. bus was driving it rashly and negligently and after die head-on collision be could not control the bus and the bus went towards the left side and ultimately fall in a ditch on account of which 2 passengers and the driver died on the spot. The averment was that the bus was driven rashly and negligently at excessive speed and because of large number of passengers, the driver coul















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