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Supreme Court Partly Allows Appeal by Corporation in Dismissed Bus Driver Case — Review Order Upheld but Back Wages Reduced to 50%. Corporation's Suppression of Evidence Before Labour Court Constitutes Perversity, but Full Back Wages Not Automatic Under Industrial Disputes Act, 1947.

The case involves an appeal by the Maharashtra State Road Transport Corporation against a High Court order that allowed a review petition filed by Mah...

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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Unreliable Sole Eyewitness and Contradictory Evidence. Conviction under Sections 279, 304(A) and 337 IPC set aside as prosecution failed to prove rash and negligent driving beyond reasonable doubt.

The case arises from a criminal revision application filed by Shivaji Santu Zanzad, a driver of a PMT bus, challenging his conviction under Sections 2...

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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction under Sections 279 and 304-A IPC set aside as sole eyewitness did not testify that the bus was driven rashly or negligently.

The applicant, Shivaji Damodar Karne, a bus driver employed with BEST, was convicted by the trial court (28th Esplanade Court, Mumbai) in CC No.40/P/9...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim for Child Death — Negligence of ST Bus Driver Established. MSRTC held vicariously liable for death of 10-year-old student hit by bus at bus-stand; compensation of Rs.4,00,000 with 8% interest upheld under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of a 10-year-old boy, Parikshit Bhosale, who died after being hit by a State Transpor...

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Bombay High Court Dismisses Appeal by BEST Corporation in Motor Accident Claim — False Involvement of Bus Not Proved. Tribunal's finding of negligence and compensation upheld as eye witness and FIR supported involvement of BEST bus.

The case arises from a motor accident claim where the deceased Virendrnath was knocked down by a BEST bus on 24th July 2000 at about 10:00 p.m. The cl...

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Bombay High Court Partly Allows Appeal by Transport Corporation Reducing Compensation in Fatal Accident Case. Multiplier reduced from 13 to 7 for deceased aged 74, upholding 50% contributory negligence.

The case arises from a motor accident on 13.04.2012 when a bus owned by M/s. Kadamba Transport Corporation Ltd. (appellant) and driven by respondent n...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Reinstatement of Bus Driver in Gross Negligence Case. The Industrial Court's finding that the bus driver was not negligent was based on evidence and not perverse, and thus no interference under Article 227 was warranted.

The petitioner, Municipal Corporation of Greater Bombay (BEST Undertaking), challenged an order of the Industrial Court, Mumbai, dated 16 August 2007,...