High CourtsDivision Bench(1991) 10 DEL CK 0001

S.C. Jindal vs Delhi Transport Corporation

Delhi High Court · Decided on 3 October 1991 · Citation: (1992) 46 DLT 242 : (1991) RLR 543

HON’BLE JUDGES
Sat Pal, J · G.C. Mittal, J
CASE NUMBER
Civil Writ Petition No. 1383 of 1991

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Judgment

8 paragraphs · 289 words

Gokal Chand Mital, J.

(1) The petitioner had entered Into a contract with the Delhi Transport Corporation for plying his bus on certain route on terms and conditions, copy of which is at page 86 of the paper book, which contain clause 3(b) as follows :

"IN case the bus is involved in a fatal accident for the first time, the operation of the bus shall be suspended for three months. In case of a second fatal accident, the operation of the bus shall he suspended for six months and in the event of third fatal accident, the bus shall be debarred from the operation permanently under DTC."

(2) According to this clause, if a bus is involved in a fatal accident for the first time. the operation of the bus stands suspended for a period of three months, in the case of second accident for a period of six months and in the event of third fatal accident, the bus stands debarred from operation permanently for D.T.C.

(3) The bus of the petitioner met with a fatal accident and the D.T.C. has suspended the operation for a period of three months pursuant to the aforesaid addenda to the agreement. The Writ petition has been filed to challenge that clause.

(4) On a consideration of the matter, we are of the view that clause 3 (b) of the agreement between the parties contains reasonable condition and the order of suspension for a period of three months does not call for interference.

(5) Accordingly the Writ petition is dismissed in liming.

(6) There would be actual suspension of three months period and in doing so, the stay granted by this Court-will be taken notice of by the respondents. Petition dismissed.