STATE OF MYSORE Vs. FATIMA MANVAIL FERNANDIS

JUDGEMENT

(1.) These two appeals arise out of a common judgment and awards passed by the Motor Accidents Claims Tribunal, Karwar, in Miscellaneous Application Nos. 13 of 1967 and 36 of 1970.

(2.) The two cases arise out of a common incident that occurred at about 5 P. M. On 25-1-1967 on Kumta-Sirsi road within the limits of Sirsi Municipality. A P.W. D. Truck was going the up gradient from Neelakani to Sirsi towing a tar mixing machine tagged to it with the help of a rope. Two girls Rozin (P.W. 1) and Fatima (P.W. 9) were returning from the school at that time. They were coming on their left side of the road. On seeing the truck they got up on the parapet wall of the drain. The truck passed by them. But, soon after, the tar mixing machine which was tagged to the truck with the help of the rope started sliding down as the rope snapped and it came and dashed against the girls. The right leg of P.W. 1 Rozin was crushed and the heels of both the legs of the other girl Fatima (P.W. 9) were also crushed. Subraya (P.W. 6) and Inus (P.W. 4) who saw the incident rushed to the spot and rescued the girls. Soon after, the parents of the girls took them to the K. M. C. Hospital. The girls were treated in the K. M. C. Hospital. But, since the right leg of Rozin was crushed, it was thought proper by the doctors to amputate her right leg below the knee-cap. In the case of Fatima skin graftings were done. Rozin was left without her right leg even though treatment was given and Fatima was rendered unable to walk as before on her heels. Thus, both the girls incurred permanent disability. Rozin was 6 years and Fatima was 7 years at the time of the accident. On these allegations, the guardians of the two girls instituted two application viz., Misc. Application No. 13 of 1967 in the case of Rozin and Misc. Application No. 36 of 1970 in the case of Fatima, before the Claims Tribunal at Karwar, claiming compensation from respondents.

(3.) The respondents contested the claim stating that the incident was inevitable. Further they contended that there was delay in filing of the two applications and that the compensation claimed was excessive. During hearing, the claimants examined 9 witnesses. Rozin (P.W. 1), Fatima (P.W. 9) and Inus (P.W. 4) and Subraya (P.W. 6) are the eye-witnesses to the occurrence. John (P.W. 8) is the doctor who admitted these girls in the K. M. C. Hospital on 25-1-1967. He has spoken to the injuries found on the girls. As against that, the contesting respondents examined 2 witnesses. Ira (D.W. 1) is the Works Inspector of the P.W. D. Tedore (D.W. 2) is the cleaner in the truck. They are on the aspect that the truck was given on hire to a contractor by name Shetty. The learned Tribunal appreciating the evidence on record held that the two applications were in time; and that the accident was the result of rash and negligent driving of the truck in question, and in that view he awarded Rs. 28,000/- as compensation to Rozin and Rs. 20,000/- to Fatima, by his judgment and awards dated 6-12-1971. Aggrieved by the said judgment and awards, the respondents 1 and 2 have come up in appeal before this Court. The claimant in Misc. Application No. 13 of 1967 has also filed cross-objections against the judgment and awards passed by the learned Tribunal.