The nature of the accident and the surrounding circumstances are such that the doctrine res ipsa loquitur was rightly invoked by the companyrt.
From the Judgment and Order dated 25 10 1978 of the Rajasthan High Court in D. B. Civil Misc.
and Sobhagmal Jain for the Petitioner.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil Nos.
6698 6700 of 1979.
Two companytentions were raised and rightly over ruled and they have been repeated in the Petition for special leave and we similarly reject them.
Soli J. Sorabjee Soli.
N. Shroff for the Respondent.
The Order of the Court was delivered by KRISHNA IYER, J. These three petitions for special leave relate to a road tragedy where many lost their limbs while travelling in a bus belonging to the nationalised transport system of Rajasthan.
The Accidents Tribunal was number taken in and, having disbelieved the evidence, awarded companypensation in sums far lower than were claimed by the victims.
Other embellishments were also set up for the purpose of exoneration.
A flimsy plea was put forward by the operator to escape liability for companypensation that the lights of the bus accidentally failed and thus the unfortunate episode occurred.
Appeal Nos.
195, 196 and 197 of 1978.
