GARVA MAHESHKUMAR GURU Vs. AHIR NARAN MENDAN

JUDGEMENT

(1.) The road accident giving rise to this appeal occurred oh 17.3.1981 at about 8.30 A.M. The appellant herein who is the original claimant in Motor Accident Claim Petition No. 78 of 1981 was going on his cycle on the day of the accident towards Gandhidham. When he reached near Sunderpuri village at that time one motor Truck bearing No. G.T.Y. 5322 came from behind driven by original opponent No.1 Ahir Naran in a rash and negligent manner. The said truck dashed against the cycle or the claimant from behind. The claimant fell down and his left leg was run over and crushed under the wheels of the truck.

(2.) The claimant was shifted to the hospital where he was advised amputation of left leg and as such the left leg of the claimant was amputed above knee. The claimant was 22 years old at the time of the unfortunate accident. He was doing tailoring work. According to his case he was earning about Rs. 1200 per month by doing tailoring work. On account of permanent partial disablement and amputation of left leg the claimant has contended that he has become totally jobless and he has suffered total loss of earnings. He therefore claimed an amount of Rs. 2 0 0 by way of compensation from the original opponents Nos. 1 2 and 3 driver owner and insurer respectively in respect of the offending truck.

(3.) The opponents appeared and resisted the claim. They denied that the truck in question was driven in a rash and negligent manner. The income of the claimant was also denied. It was also contented that the claimant has not sustained permanent partial disablement. According to the contention of the opponents the accident had not happened due to the rash and negligent driving of the driver of the truck.