RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR versus NARAIN SHANKER & ANR. ETC. ETC.

The Tribunal correctly raised a rebuttable presumption of negligence based on res ipsa loquitur, and the compensation awards were moderate and appropriate. The Corporation's resistance to claims was improper, and the State has a duty to make effective provisions for victims.

Parties: Petitioner: Rajasthan State Road Transport Corporation, Jaipur; Respondent: Narain Shanker & Anr. etc. etc.
Jurisdiction: India
Judgment Date: 30 January 1980
Procedural Posture: Special Leave Petition (civil) Nos. 6698 6700 of 1979 / Before Supreme Court, Challenging Rajasthan High Court Judgment Dated 25 10 1978 in D.b. Civil Misc. Appeal Nos. 195, 196 and 197 of 1978
Outcome: Petitions dismissed.
Legal Topics: Compensation for Road Accident, Res Ipsa Loquitur, State Liability, Disablement Provision Under Article 41

Tort Law Motor Vehicles Law Constitutional Law Compensation for Road Accident Res Ipsa Loquitur State Liability Disablement Provision Under Article 41

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Rajasthan State Road Transport Corporation, Jaipur

Petitioner

Narain Shanker & Anr. etc. etc.

Respondent

Procedural Posture

Special Leave Petition (civil) Nos. 6698 6700 of 1979 / Before Supreme Court, Challenging Rajasthan High Court Judgment Dated 25 10 1978 in D.b. Civil Misc. Appeal Nos. 195, 196 and 197 of 1978

Legal Issues

1 Applicability of res ipsa loquitur in motor accident claims
2 Quantum of compensation awarded by Tribunal
3 State Corporation's duty and liability for accident injuries

Ratio Decidendi

Court Disposition

Petitions dismissed.

Orders

Special Leave Petitions dismissed.