Supreme Court of India · 1990-11-12
BASTHI KASIM SAHEB (DEAD) BY L.RS. vs MYSORE STATE ROAD TRANSPORT CORPORATION ANDORS.
- Citation / case number
- SC 1974/60368
- Court
- Supreme Court of India
- Petitioner
- BASTHI KASIM SAHEB (DEAD) BY L.RS.
- Respondent
- MYSORE STATE ROAD TRANSPORT CORPORATION ANDORS.
- Author
- L.M. SHARMA
- Bench
- L.M. SHARMA
Judgment text excerpt
The Supreme Court held that while driving on a multi-lane road, higher speeds may be permissible, but drivers must exercise due care, especially under unfavorable circumstances. The court found that the absence of traffic and unexpected incidents at the time of the accident indicated negligence on the part of the driver, applying the principle of res ipsa loquitur. The burden of proof shifted to the defendant to demonstrate that the driver was not negligent, which was not fulfilled, leading to the restoration of the Trial Court's decree.