- (1.) This is an appeal by special leave against the judgment and order of a division bench of the Karnataka High court. The division bench was hearing appeals against three judgments delivered by the Motor Accidents Claims tribunal, Bangalore, arising upon six claim petitions. Four claim petitions were filed to recover compensation for the death of four persons and two for injuries sustained. The four deceased and two injured persons were passengers in a bus owned by the Karnataka State Road Transport Corporation, the appellant, when it was involved in an accident at 10. 30 p. m. on 6/5/1987, on the Bangalore-Mysore Road. The accident occurred when the bus hit a truck trailer coming from the opposite direction. Upon the trailer was mounted a rear dumper. (The rear dumper is a vehicle used to carry and dump earth from its rear end. ) Subsequent to the collision, the bus moved 150 feet, collided with a tree on the left of the road and turned turtle. The bus driver was among those who died. The tribunal came to the conclusion that it was the bus driver alone who was negligent. It rejected the contention that there was any negligence on the part of the driver of the truck. Before the High court, as before us, it was not in dispute that the driver of the bus was negligent, but it was canvassed on behalf of the Corporation that the driver of the truck had by his negligence contributed to the accident and that the liability to pay compensation was joint and several and should be apportioned in accordance with the degree of their respective negligence. The High court found against the Corporation.
(2.) The road upon which the accident took place was straight. It was 24 feet wide and on either side had mud shoulders approximately 8 feet wide. The truck trailer was 12 feet wide. The dumper upon it was 15 feet wide so that it protruded beyond the width of the trailer by one and a half feet on either side. The dumper weighed 25 tonnes. The truck was travelling slowly, at a speed of about 5 kms per hour. The bus, coming in the opposite direction, was speeding.
(3.) Reliance was placed before the High court and before this court upon a notification dated 7/3/1987, issued by the government of Karnataka under the provisions of Rule 341 of the Karnataka Motor Vehicles Rules, 1963 , 1963. The notification permitted the Haulpak 35t Rear Dumpers described in its Schedule belonging to M/s Bharat Earth Movers Limited to ply in public places subject to the conditions therein stated. The Schedule mentioned the serial, chassis, engine and transmission numbers of six Haulpak 35t Rear Dumpers. The conditions also indicated that the notification applied to the plying of the dumpers themselves upon public roads and not to their carriage upon other vehicles; as for example, the first condition said that only an empty vehicle should be transported and it should not carry any load over and above its own weight. We agree with the High court that this notification had no application to the transport of the dumper on the truck trailer which was involved in the accident.;