HC issues directions on maintaining transport corpn buses, rules to scrap old vehicles
Bengaluru (PTI): The High Court of Karnataka has ordered that high-mileage government transport corporation buses should be scrapped for the safety of passengers and road users.
The order came on a petition filed by a Karnataka State Road Transport Corporation (KSRTC) driver who was convicted for culpable homicide after the bus he was driving caused an accident in which two school-going children were killed.
Noticing that the bus that was involved in the accident had run for over 10 lakh kilometres and was not in good condition, the HC issued six directions on maintaining KSRTC buses including framing of rules to scrap old vehicles.
”In this case, the said offending bus had already run more than 10,00,000 km and the vehicle was not having ignition starter, horn and brakes. The passengers, who were travelling in the said bus were compelled to push the said bus to get it started. The condition of the bus which is brought on record is quite alarming,” the HC noted.
Directing KSRTC to provide better quality buses, Justice Ramachandra D Huddar said, ”As per the rules framed by the KSRTC on completion of particular running of kilometres and such buses are bound to be scrapped and such scrapped buses should not be permitted to be used for any scheduled routes either to the cities or to villages.” The other guidelines issued by the HC include that the mechanical department of the KSRTC should certify every bus is ”fit for road”, and only such buses with the certificate should be permitted to ply on roads.
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Every year, the KSRTC authorities should obtain a certificate from the RTO concerned for all the buses and only such vehicles should be allowed to ply the roads. The HC also directed that ”There shall be periodical mechanical examination and repair of the buses.” The court had questioned the public relations officer who had stated that the North Western Karnataka Road Transport Corporation (NWKRTC) operates 2,300 buses which have run more than nine lakh km.
”When such a large number of people are commuting every day by buses maintained by the corporation, it is the duty of KSRTC to ensure better quality of buses to ply on the road keeping in mind the safety of the passengers who travel in KSRTC buses and also the users of the road to avoid any casualties,” the HC said.
The petitioner, Satish, was driving a KSRTC bus in Ankola on KC Road when the accident took place.
Three children, Dhananjaya (13), his brother Mrityunjaya (12) and friend Abhilash Maruti Gaonkar (12) were returning home when the bus hit them from behind.
Mrityunjaya and Abhilash died in the accident. Satish was put on trial and found guilty for culpable homicide, causing grievous hurt and rash and negligent driving. He was sentenced to undergo imprisonment for one year for culpable homicide and rash and negligent driving and two months imprisonment for causing hurt.
The Sessions Court upheld this conviction which he challenged in the HC.
The HC while upholding the conviction, modified the sentence from one year imprisonment to six months imprisonment. The HC said that the driver was negligent and he should have refused to drive a vehicle that was not in a fit condition.
”When the accused was having knowledge of the condition of the bus, the accused could have refused to take the said bus on a public road on a specified route as observed by the Trial Court. With regard to the threat by the superior officer of the accused that the accused would lose his job, the accused has to see the safety of the road users as well as inmates of the bus. But he has not thought of the same and has taken risks,” it said.
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SC does not interfere with order allowing Adani to acquire JAL, asks NCLAT to decide expeditiously
New Delhi (PTI): The Supreme Court on Monday did not interfere with the order of the National Company Law Appellate Tribunal (NCLAT), which had refused to stay Adani Group's Rs 14,535 crore bid to acquire Jaiprakash Associates Ltd (JAL).
The bench, however, restrained the monitoring committee of ailing JAL from taking any major policy decision without a prior nod from the NCLAT.
The top court asked mining giant Vedanta Ltd and successful resolution applicant, Adani Enterprises Ltd, to raise contentions and counterclaims before the NCLAT, which will commence final hearing on the row on April 10.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi asked the NCLAT to decide the plea and the counter petition expeditiously on the dispute over the acquisition of JAL by the Adani group.
Earlier, Vedanta Ltd moved the top court seeking a stay on the order approving Adani Group's Rs 14,535 crore bid to acquire Jaiprakash Associates Ltd (JAL).
Vedanta filed its appeal on March 25, a day after the National Company Law Appellate Tribunal (NCLAT) refused to stay implementation of the plan.
The insolvency appellate tribunal on March 24 declined any interim stay over the Vedanta Group's plea against the order passed by the National Company Law Tribunal (NCLT) approving the Adani Group's bid for acquiring JAL.
The NCLAT's two-member bench sought a response from the Committee of Creditors (CoC) of JAL within a week. It also directed to list the matter on April 10 for the next hearing.
Vedanta group was in the race to acquire JAL through an insolvency process, but the lenders in November last year approved the resolution plan of Adani Enterprises Ltd. The NCLT approved the Adani Group's bid.
Challenging the NCLT order, the Vedanta group has filed two appeals before the NCLAT. In the first, it has challenged the validity of the resolution plan, and in the second, it has challenged the approval of the plan by the CoC and the adjudicating authority -- the NCLT.
