RANCHHODBHAI SOMABHAI Vs. BABUBHAI BHAILALBHAI

JUDGEMENT

(1.) Near Champaner Darwaja in the City of Baroda, on June 27, 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 scene 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 fasted upto September 17, 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 November 25, 1977.

(2.) Prior to his death and while he was still languishing under the impact of the accident injuries, the victim had instituted and application for compensation on October 16, 1976. Compensation was claimed in the said application under the following heads :

(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.