R SRINIVASA Vs. PARASIVAMURTHY

JUDGEMENT

(1.) On May 13 1970 at 7-30 A.M. a group of children were standing on the eastern foot path in D... Subbaiah read in Mysore City, Of them Srinivasa, aged about 6 years, was standing on the road close to the foot-path. Then lorry bearing No .MYX 5628 came from Ghamaraja Double Road, which was running South to North and took a turn to D. Subbaiah Road, proceeded a distance of 40 yards and struck Srinivasa and injured his legs. The driver of the lorry Thimmegowda disappeared from the scene leaving the lorry there. The relatives of Srinivasa who had come to attend a marriage in a house opposite to D. Subbaiah road, which was situated on the western side, came to the spot and took him to the K. R. hospital and admitted him, there. He was operated upon on the same day and thereafter remained in the hospital for 4 months. In spite of the best medical treatment, the'left leg of Srinivasa became permanently incapacitated.

(2.) In respect of the injuries suffered by Srinivasa, his father filed an application under S. 110-A of the Motor Vehicles Act claiming compensation of Rs. 50,000.

(3.) The owner of the lorry (Parashiva Murthy) contended that the accident was not due to the rash and negligent driving, but it was due to the boy suddenly crossing the road from left side of the road to the right and again back to the left side of the road towards the footpath. The same was the defence taken up by the Insurance Company (the Madras Motor and General Insurance Company, Madras). In substance, the defence of the insured and the insurer was that the accident was due to the contributory negligence on the part of the boy Srinivasa.