VALIYAKATHODI MOHAMMED KOYA Vs. AYYAPPANKADU RAMAMOORTHI MOHAN

JUDGEMENT

(1.) Appellant is a boy aged 12 years. He met with an accident. It was on 24-2-1984 at about 9.30 a.m. The unfortunate event happened under these circumstances. Appellant was walking along with the side of a road. A bus which was stationery was in the process of alighting passengers. A moving bus behind the static bus was trying to go forward. Meanwhile, a car driven by the 1st respondent herein wanted to overtake both the buses. This was done with atmost carelessness and with high speed. In this process, the car hit the appellant and he sustained injuries.

(2.) Respondents 1 and 2 contested the matter by filing a written statement. The case of the respondents is that the accident was unavoidable and it was inevitable. This they said on the basis that the boy the appellant wanted to cut across the road from the front side of the first bus and he did it suddenly and in that process, the boy collided with the left mud guard portion of the car. The driver of the car stopped the vehicle at once. In short, respondents submitted that the accident took place on account of the gross negligence of the appellant himself. Of course, they also submitted that it will be most unjustifiable if the tribunal holds that the entire responsibility for the accident lies with the driver of the vehicle. At any rate, the Tribunal should hold that the accident took place on account of contributory negligence of the appellant also. They also disputed the responsibility of the quantum of compensation claimed by the appellant.

(3.) The 3rd respondent is the insurer. Third respondent also contended that the accident occurred on account of the negligence of the appellant herein.