NEW DATAR TRANSPORT CO PRIVATE LIMITED Vs. RADHABAI

JUDGEMENT

(1.) This appeal by special leave on the ground of pecuniary valuation arises from the judgment and order of the Bombay High court made on 18/7/1967,19-7-1967 and 20/7/1967 in FAs Nos. 63 and 79 of 1964. The undisputed facts are that the SDO, R. J. Kulkami was going in Jeep No. MPK-741 along with Tehsildar G. S. Kulkami, Shri Vaidya, Agricultural Assistant and Peon Parashram which was driven by Shantaram Patki, a driver (Public Witness 5 on 14/2/1959. When the jeep was proceeding at a speed of 25 to 30 miles per hour at a place called Karanja, a passenger bus coming from the opposite direction collided with the jeep on the extreme left hand side due to the impact of which R. J. Kulkami died. The respondents laid a claim for damages for accident. The trial court found as a fact that the death had occurred due to the inevitable accident but recorded the finding that had the defendants been liable to pay any damages or compensation to which the respondents would be entitled, it would have come to Rs. 20,000. 00 and odd. The trial Judge dismissed the petition on the ground that the accident was due to inevitable accident. On appeal, on reappreciation of the evidence, the High court reversed the finding on negligence and held that the driver of the passenger bus was negligent; consequently upholding the amount awarded by the trial court, the High court decreed the petition. Thus, this appeal by special leave.

(2.) The only question is whether Public Witness 5 was negligent in driving the jeep due to which the collision had occurred The High court had carefully scanned the evidence of Public Witness 5 and held thus:

(3.) This finding was recorded on pure appreciation of evidence and,therefore, we do not think that we can reappreciate the evidence and come to a different conclusion as to the nature of the accident and negligence of the respective drivers.