SOMABHAI VAJABHAI Vs. BABUBHAI BHAILALBHAI

JUDGEMENT

(1.) Near Champaner Darwaja in the City of Baroda on 27/06/1976 at about 9-30 P.M. a young man aged about 20 who was riding a bicycle was knocked down by tanker No. GTG. 2074 which was owned by the first respondent and which came from behind. The injury sustained during the course of the accident consisted inter alia of the fracture of the pelvic bone and rupture of urethra. The injured was removed to the S.S.G. Hospital from the scenes of accident. He was operated upon in the early hours of the next day at about 2 A.M. Two more operations were performed during the course of his hospitalization which lasted upto 17/09/1976 At the time of discharge the injured was advised to report again for dilatation once every fortnight as he was experiencing difficulty in passing urine owing to the accident injury. The evidence on record indicates that the difficulty persisted requiring hospitalization for brief periods on several occasions even after the initial discharge of the injured from the hospital. The injured ultimately expired after nearly seventeen months on 25/11/1977

(2.) Prior to his death and while he was still languishing under the impact of the accident injuries the victim had instituted an application for compensation on 16/10/1976 Compensation was claimed in the said application under the following heads; Rs. 5 0 Mental pain and agony. Rs. 2 500 Medical treatment Rs. 2 200 Other expenses. Rs. 1 0 Loss of wages. Rs. 200.00.. Bicycle damage. ------------- Rs. 10 900 -------------- The actual claim was however restricted to Rs. 9999.00. Before the proceeding reached the trial stage the applicant expired. His parents aged 45 and 40 respectively were therefore permitted to prosecute the application. The claim in the application was thereafter enhanced from Rs. 9999 to Rs. 45 0 The split-up was as follows: Rs. 3000.00... Medical expenses. Rs. 5000.00... Mental pain. Rs. 5100.00.. Loss of wages from 27-6-76 to 25-11-1977. Rs. 31700.00.. Pecuniary loss due to death. Rs. 200.00.. Funeral expenses. ------------- Rs. 45000.00 -------------- The award which the Tribunal made was in the sum of Rs. 10 0 with proportionate costs and interest at the rate of 6 per cent per annum from the date of application till realization. The father was held entitled to one-third and the mother to two-thirds of the awarded amount.

(3.) It requires to be clarified at this stage that in determining the quantum of compensation the Tribunal acted on the footing that it was not established that the death was caused due to the injuries sustained by the deceased in the course of the accident. ... ... ... . . ... ... ... Obviously the main attack in the present appeal is against the aforesaid finding of the Tribunal which has materially affected the quantum of compensation. ... ... . ... ... ... ... ... [His Lordship after analysing the evidence further observed:]