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

Citation: [1980] 2 S.C.R. 866 · Decided: 30-01-1980 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
n 
866 
RAJASTHAN STATE ROAD TRANSPORT 
CORPORATION, JAIPUR 
v. 
NARAIN SHANKER & ANR. ETC. ETC. 
January 30, 1980 
(V. R. KRISHNA IYER AND R. S. PATHAK, JJ.] 
Motor Vehiclts Act 1939, S. llOA and Constitution of India 1950, Article-
41-Accident claim-State Transport Corpor«tion-Duty of. 
14
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 '\\'as that the lights of the-
bus accidemtl.lly f«iled, which resulted in tlae accide11.t. 
The Accidents Claims 
Tribunal ne.catived 
the plea and awarded compensation in sums far 
lower-
than were claiBled 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. 
Dismisiing the petitions, 
HELD : I. (i) It was improper of the Corporation to have tenaciously 
resisted the claim. [868 Al 
(ii) It was ri:ht on the part of the Tribunal to have raised a rebuttable 
presumption on the strength of the doctrine of res ipsa loquitur. [868 B] 
2. The heads of claim have been correctly appreciated by the 
Tribunal' 
and the awards have been moderate. [868 CJ 
3. Instead of indulging in wasteful litigation, it would 
have been more 
, 
humane and just, if the Corporation had hastened compassionately to settle the 
~
claims so that goodwill and public credibility could be improved. [867 HJ 
4. The St0te has a paramount duty, apart from liability foc tort, to make 
effective provision for disablement in cases of undeserved want-Article 41 
of the Constitution states so. r868 A] 
5. Nationalisation of road transport should have produced a better sense of 
social responsibility on the part of the management and drivers. 
One of the· 
major purposes of socialisation of transport is to inject a sense 
of safety, 
accountability and operational responsibility which may be absent in the 00.se 
of private undertakings whose motivation is profit n1aking regardless of risk to 
life. (867 E· Fl 
6. Common experience on Indian high-ways di~close callousness and blunt~ 
eel consciousness on the part of public corporations which acquire a monopoly 
under the Motor Vehicles Act in plying buses. 
It is a pity that State Road· 
Transport vehicles should become mobile menaces. [867 G] 
CrvrL APPELLATE JURISDICTION' : 
Special Leave Petition (Civil} 
Nos. 6698-6700 of 1979. 
f 
, 
R.S.R. TPT. CORPN. v. NARAIN SHANKER (Krishna Iyer, !.) 867 
From the Judgment and Order dated 25-10-1978 of the Rajasthan 
High Court in D. B. Civil Misc. Appeal Nos. 195, 196 and 197 of 
1978. 
Soli J. Sorabjee Soli. Genl. and Sobhagmal Jain for the Petitioner. 
M. N. Shroff for the Respondent. 
The Order of the Court was delivered by 
KRISHNA IYER, J.-These th}:ee petitions for special leave relate to 
a road tragedy where many Jost their limbs while travellin~ in a bus 
belonging to the nationalised transport system of Rajasthan. 
A flimsy 
plea was put forward by the' operator to escape liability for compensa-
c. 
ti on that the lights of the bus accidentally failed and' thus the unfortu-
nate episode occurred. 
Other embellishments were also set up for, the 
purpose of exoneration. 
The Accidents Tribunal was not taken in and, 
having disbelieved the evidence, awarded compensation in sums far 
lower than were claimed by the victims. 
Two contentions were raised and rightly over-ruled and they have 
been repeated in the Petition: for special leave and we similarly reject 
them. 
The nature of the accident and the surrounding circumstances 
are such that the doctrine res ipsa loquitur was rightly invoked by the 
court. 
Indeed, the terrible accidents attributable to reckless driving 
• 
and escalating year after year make'oirr high-ways great hazards. 
One 
should have thought that nationalisation of road transport would liavei 
produ1:ed a better sense of social responsibility on the part of the, 
management and the drivers. 
In fact, one of the major purposes of 
~ socialisation of transport is to inject a sense of safety, accountability 
and operational responsibility which may be absent in the case of private 
undertakings, whose motivation is prOfit making reagrdless' of risk to 
~ _ 
life; but co=on experience on Indian high-ways discloses callousness 
and blunted consciousness on the part of public corporations which 
acqui

Excerpt shown. Read the full judgment & AI analysis in Lexace.