TMI Blog1980 (3) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... 77. T. A. Ramachandran and K. Ramkumar for the Petitioner. The Order of the Court was delivered by KRISHNA IYER, J.-Sri Ramachandran, ably assisted by Sri K. Ram Kumar, presented the case of the petitioner for special leave, as persuasively as the facts permit but while we were impressed with the industry and advocacy of counsel, we heartily dismiss this petition. Why heartily? Because the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rials, concluded: We therefore sustain the finding of the Tribunal that the accident had taken place due to the rashness and negligence of R.W. 1 (driver) and consequently the appellant is vicariously liable to pay compensation to the claimant. The plea that the criminal case had ended in acquittal and that, therefore, the civil suit must follow suit, was rejected and rightly. The requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fer and drivers and owners do not escape liability merely because of some doubt here or some obscurity there. Save in plain cases, culpability must be inferred from the circumstances where it is fairly reasonable. The court should not succumb to niceties, technicalities and mystic maybes. We are emphasising this aspect because we are often distressed by transport operators getting away with it tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accident cases resulting in compensation, even if awarded, being postponed by several years. The States must appoint sufficient number of tribunals and the High Courts should insist upon quick disposals so that the trauma and tragedy already sustained may not be magnified by the injustice of delayed justice. Many States are unjustly indifferent in this regard. We have been taken through a few i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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