S SANJIVA SHETTY Vs. ANANTHA

JUDGEMENT

(1.) These are two appeals under S.110D of the Motor Vehicles Act and can be disposed of together by a common judgment. They are directed against a common order made by the Motor Accidents Claims Tribunal of S.Kanara at Mangalore (Tribunal), in Misc.Cases (MVC) Nos.75, 82, 83 and 84 of 1970. They relate to the awards made in Misc. Cases (MVC) Nos.75 and 82 of 1070 respectively. The appellant is common and he is held liable to pay the damages awarded in the said two claim cases.

(2.) The material facts brietly are as follows : On 18-4-1970 at about 6-30 P.M., a tourist taxi No.MYX 7558 (hereinafter referred tp as the Udipi Taxi) belonging to the appellant herein, was proceeding from Udipi to Mangalore. When it reached the junction of the main road and the road branching off to Pavanje, it collided with a car bearing No.MYX 1620 (hereinafter referred to as the Mangalore car) which was proceeding from Mangalore to Udipi, and was about to take a turn to Pavanje. After the collision, the Udipi taxi proceeded further for about 20 feet and dashed and injured a ten year old boy by name Bharathisha who happened to be sitting on the road side on a guard-stone, as a result of which the right leg of the boy, above the knee, had to be amputated and he had to undergo treatment for a long time. As a result of the collision, two persons travelling in the Udipi taxi the driver of Mangalore car and the boy aforementioned were injured. It is the case of the claimants that the vehicles were being rashly and negligently driven giving rise to a claim for actionable negligence.

(3.) The claim petitions in Misc. Cases (MVC) 75 and 82 of 1970 have been filed pursuant to S.110A of the Motor Vehicles Act by the driver of the Mangalore car and the injured Bharathisha. In regard to the two passengers of the Udipi taxi, similar claim petitions Misc. Cases (MVC) 83 and 84 of 1970 came to be filed. We are not concerned in these appeals with the awards made in the latter two cases.