SHARDABEN Vs. PARSHOTTAMBHAI P PATEL

JUDGEMENT

(1.) Shardaben, widow of Dhirajbhai Rayjibhai Patel alongwith minor Maheshbhai D. Patel and the father, mother and brother of the deceased are before this Court. They are the original claimants in MACP No.452 of 1986.

(2.) Learned Advocate for the appellant vehemently submitted that the Tribunal has committed an error in apportioning negligence between the drivers of the two dumpers in equal proportion. Learned Advocate for the appellant vehemently submitted that the dumper driven by the deceased - husband of the appellant No.1 was going upward - towards Kevadiya Colony. Whereas the other dumber driven by deceased - Kiransinh was coming from Kevadiya Colony to dam site. It was 'midnight', as mentioned in the claim petition where the accident took place. As is expected, the case pleaded in MACP No.737 of 1986 is that, 'the driver of dumper truck No.GTS 6217 was driving the truck at a moderate speed and in a careful manner and was going from Kevadiya Colony to dam site, at that time, opposite dumper truck bearing registration No.GRV 6054 driven by Dhirajbhai Rayjibhai Patel in a rash and negligent manner came from the opposite direction. At that time and place of the accident, the right front side tyre of that dumper truck burst, as a result of which, the dumper was automatically dragged to it's driver side and both the vehicles collided with each other.

(3.) It is not in dispute that it is a case of head -on -collision. That being so, the normal rule about the apportionment of negligence is 'fifty -fifty' unless there are specific reasons for not following that rule. In the present case, the Tribunal has held that rule applicable, which seems to be just and proper to this Court more so in light of the fact that both the drivers have died in the incident.