MOHANBHAI GEMABHAI Vs. BALUBHAI SAVJIBHAI

JUDGEMENT

(1.) In this Civil Appeal, some interesting and important questions have surfaced for examination and adjudication, in connection with the amount of compensation, arising out of an unfortunate vehicular accident, under the Motor Vehicles Act.

(2.) With a view to appreciate the merits of the question raised before us, it would be necessary to set out some salient facts, giving birth to the present appeal. The appellant, herein, is the original claimant, who sustained serious injuries in a road accident, which occurred, at 7-30 a.m., on 1 4/03/1980. The appellant-claimant was proceeding from his residence on cycle, on the unfateful day, for attending his work. When he reached near the gate of M. S. University, on Polytechnic Road, a truck bearing No. GTS 6337, driven by respondent No. 1 (original opponent No. 1), came from behind and dashed against the claimant, resulting into serious injuries to the claimant. The respondents Nos. 1, 2 and 3 are original opponents Nos. 1, 2 and 3 being driver, owner and insurer in respect of offending Truck, respectively. The parties are hereinafter, referred to as claimant and opponents Nos. 1, 2 and 3, for the sake of convenience.

(3.) The injured claimant was removed to the hospital, where he was treated, and on radiological examination, it was found that he had sustained two fractures on the right hand. It was the case of the claimant that he sustained permanent injuries and partial disablement on the right hand, on account of rash and negligent driving, on the part of the driver of the offending truck. The claimant was earning Rs. 600 per month, at the time of the accident, by way of employment, in Alemblic Chemical Company Ltd., Baroda. The claimant, therefore, filed a Claim Petition, under Sec. 110A of the Motor Vehicles Act, 1939 (the "Old Act" for short), and claimed Rs. 80,000 by way of compensation, for economic and personal loss.