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SUPREME COURT OF INDIA

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PETITIONER:

RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

Vs.

RESPONDENT:

NARAIN SHANKER & ANR. ETC. ETC.

DATE OF JUDGMENT30/01/1980

BENCH:

KRISHNAIYER, V.R.

BENCH:

KRISHNAIYER, V.R.

PATHAK, R.S.

CITATION:

1980 AIR 695 1980 SCR (2) 866

1980 SCC (2) 180

ACT:

Motor Vehicles Act 1939, S. 110A and Constitution of

India 1950, Article 41-Accident claim-State Transport

Corporation-Duty of.

HEADNOTE:

The respondents lost their limbs in a road accident

while travelling in a bus belonging to the petitioner, a

nationalised transport system. The plea by the operator to

escape the liability for compensation was that the lights of

the bus accidentally failed, which resulted in the accident.

The Accidents Claims Tribunal negatived the plea and awarded

compensation in sums far lower than were claimed by the

respondents.

In the special leave petitions to this Court, the

petitioner contested the application of the principle of res

ipsa loquitur and the quantum of the claim.

Dismissing the petitions,

^

HELD: 1. (i) It was improper of the Corporation to have

te