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1991 DIGILAW 549 (DEL)

SATISH CHANDER v. DELHI TRANSPORT CORPORATION

1991-10-07

MAHINDER NARAIN, P.N.NAG

body1991
Mahinder Narain ( 1 ) MR. P. N. Talwar has brought to our notice an oral judgment of this Court (G. C. Mital, C. J. and Satpal, J.), In Civil Writ Petition No. 1383 of 1991, dated 3. 10. 1991, which involved similar facts and circumstances, namely, the bus In question had been involved in a number of fatal accidents. ( 2 ) BY the aforesaid judgment, this Court found that clause 3 (b) of the terms and conditions regarding operation of the bus is reasonable. The said clause 3 (b) reads as under : "3 (B ). In case the bus is involved in a fatal accident for the first time, the operation of the bus shall be suspended for 3 months, in case of the second fatal accident, the operation of the bus shall be suspended for 6 months and in the event of the third fatal accident, the bus shall be debarred from the operation permanently under the Delhi Transport Corporation. " ( 3 ) IT Is not disputed by the petitioner that the instant case is covered by clause 3 (b), that the buses have been involved in fatal accidents. ( 4 ) IT is stated that some of the buses bad been ordered to suspend operation, by the Delhi Transport Corporation. However, in view of the stay order of Court, the said buses were allowed to ply again. ( 5 ) WE are in respectful agreement with the judgment of this Court in Civil Writ Petition No. 1383 of 1991 dated 3. 10. 1991. For the reason as stated in the said judgment, this writ petition must also fail. ( 6 ) IN terms of clause 3 (b) the operation of the buses shall have to remain suspended for a total period of three months or six months, as the case may be, depending upon the number of fatal accidents. The period of suspension shall, however, run concurrently. ( 7 ) IN accordance with the aforesaid order of this Court, and facts and circumstances of "the case, with these observations, the writ petition Is dismissed in limine. Writ dismissed