KARAMSEY KUNVERJI TAK Vs. PRAMODKUMAR RASIKLAL JHAVERI

JUDGEMENT

(1.) [His Lordships after stating the facts of the case, further observed :]

(2.) We have carefully considered the written submissions made before us as well as oral submissions on the issue of negligence. Driver of a motor vehicle is expected to act like a man of prudence and exercise due care and caution and make every effort to avoid the accident. Having gone through the entire evidence on record and in view of two rival contentions, we find it difficult to draw any clear line as to by whose sole negligence the accident occurred. Whether by a truck with excessive speed running on the middle of the road or by a car coming from the opposite side whose driver was not on sufficient look out to avoid such collision.

(3.) Formerly, it was the practice of the Court of appeal to have regard to the total award of damages and not to interfere with the assessment under individual heads of damages provided that the total award fell within the proper bracket (Kemp & Kemp). The concept and convention of awarding compensation to a person who has suffered damages or loss as a consequence of a wrong done to him, is an assurance to a person and his properties in the form of social security. This concept has been developed since the right of life and liberty of human being is recognised in the republican States as back as in 18th Century in the western countries.