VINODBHAI GOPALBHAI PATEL Vs. BHARATBHAI MAGANBHAI PATEL

JUDGEMENT

(1.) This Appeal arises out of judgment dated 31.12.1988 passed by Motor Accident Claims Tribunal (Aux.), Surat, MACP No.546 of 1984. Whether reporters of Local Papers may be allowed to see the Judgment Yes

(2.) Claimant (27) was returning from Bardoli on his motorcycle GTN-5498. When he reached near Bamroli village turn, truck No.GTT-5425 came from opposite direction driven at an excessive speed. Driver of truck lost control, went on wrong side and hit the claimant. As a result, claimant was thrown off towards west and sustained injury on the head. He became unconscious and motorcycle badly damaged. Truck driver left the place, claimant shifted to Sardar Smarak Hospital at Bardoli. Neuro Surgeon performed brain operation opening the skull bone which was broken into pieces. Doctor could see that the brain was injured and some part of it was found paralytic. This portion was removed. The left hand is affected by paralysis because of brain injury. He remained in the hospital for 50 to 60 days. He regained consciousness after 15 to 20 days' admission in the hospital. For better treatment, he was shifted to Ashaktashram Hospital at Surat where necessary treatment was given but no improvement could be noticed, therefore, removed to Shanta Neuro Surgical Unit at Vadodara where Dr.C.D.Patel treated him but no improvement was there. However, he was advised physiotherapy and other treatment. He will remain bedridden for whole of his life, unable to walk of his own accord, unable to take care of himself, unable to attend agriculture work, no longer can undertake the work of diamond cutting, therefore, claim of Rs.3,50,000/- is preferred against the opponents alleging rash and negligent driving of the truck.

(3.) Opponents-1 & 2 filed written statements and denied allegations. Insurance Company also denies allegations. Further, it states that claimant could not negotiate the turn correctly, therefore accident took place. Opponent-1 did not posses valid driving licence to drive the truck. In the alternative, accident was result of contributory negligence on the part of claimant.