Court : Kolkata
Decided on : Nov-18-2009
..... truck did not contest the proceeding but the appellant, the new india assurance company ltd., contested the proceeding with the leave of the court under section 170 of the act and filed the written statement denying the material allegations made in the application for compensation. according to the insurance company, there was ..... death of a passenger occurred due to explosion of a bomb within a bus but no precautionary measure was taken. in such circumstances, the supreme court was of the view that the claimants were entitled to get compensation as negligence of the respondent in not taking adequate measures for the safety of ..... another decision relied upon by mr. mondal, the accident relating to death occurred due to overturning of a bus. in such a situation, the apex court was of the opinion that in the absence of the explanation by the driver as regards the cause of overturning, the doctrine of res ipsa loquitur was ..... offending vehicle but for whom the accident would not occur. moreover, the requirements of application of the aforesaid principles as indicated by the apex court are absent because the cause of accident is the overtaking of the stationary truck by the maruti van and the negligence on the part of ..... the learned tribunal below was totally wrong in applying the said principle to the facts of the present case.25. as pointed out by the supreme court in the case of syad akbar v. state of karnataka reported in : air 1979 sc 1848, the principles of res ipsa loquitur can be made .....Tag this Judgment!