MAHADEV BALAPPA BABSHET Vs. RAMESH NARAYAN NAGWEKAR

JUDGEMENT

(1.) On 14-11-1969 two vehicles GDA 5709 driven by Sri Mahadev Babshet from Dharwar towards Hubli and MYW 2101 driven by Nagwekar with his wife seated by his side from the opposite direction collided with each other as a result thereof, drivers of both the cars suffered injuries and so also Mrs.Nagwekar. All the three claimed compensation regarding the injuries suffered by them. While the drivers claimed from each other as also from the insurers, the wife claimed compensation only from Sri Mahadev Babshet, the owner and the insurer of the car No.GDA 5709.

(2.) While from the side of Nagwekar evidence of occurrence consisted of three persons, namely, his wife Indu Nagwekar and PW.2 Mahantappa besides himself, from the other side the driver of the car GDA 5709 Sri Mahadev Babshet alone entered the witness box. Besides this evidence, PW.3 Ramachandrasa a Photographer was also examined who had at the instance of the police reached the scene of accident and had photographed the offending cars in the position which they came to a halt after the impact.

(3.) The Tribunal, on consideration of the evidence so adduced, came to the finding that the respective drivers of the two cars had equally contributed to the accident in question. Having held that the accident had occurred in the manner aforesaid, it decided that the effect of the said finding was that neither claimant was entitled to any compensation. So far as the claim of Mrs.Nagwekar was concerned, that was not even touched. In consequence of the finding that the accident occurred on account of the contributory negligence of equal measure of the two drivers, all the three claim applications were dismissed which led to the filing of the present three separate appeals in this Court, one at the instance of Nagwekar, another at the instance of his wife Mrs. Nagwekar and the third at the instance of Sri Mahadev Babshet. We propose to decide them by a common order.