Supreme Court · 1976 INSC 7 · Decided 21 January 1976

Krishna Bus Service LTD. v. SMT. Mangli & ORS.

Court
Supreme Court of India
Citation
1976 INSC 7 · [1976] 3 S.C.R. 178
Case number
CIVIL APPEAL No. 971/1968
Decided
21 January 1976
Bench
R.S. SARKARIA, S. MURTAZA FAZAL ALI (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Negligence-Vicarious responsibility of the manage111ent in fatal u11ury cases-Presu1nption when arises-Liability is on both the rash and _negligent driver and the 1nanagen1ent since the driver acted "in the course of its e1n~ ployn1ent". Duty to care-Absence of explanation by the ipsa loquitur-Applies to fatal accident cases 011 road. D E F G H Second appeal-Reappraisal of evidence on record by Supre111c Coun only in exceptional cases lvhere injustice would result. One of the buses belonging to the appellant, DLB 5749, driven by "HS" enroute to Hissar, while

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