NIRMALADEVI DILIPKUMAR GANDHI Vs. GULAMNABI USMANBHAI SHAIKH

JUDGEMENT

(1.) The accident giving rise to the appeal occurred on April 2 1975 at about 10 P. M. near Race Course Circle (Opposite Gujarat Electricity Board Office) on the road from Fatehganj camp to Haribhakti Colony in the city of Baroda. The appellant Nirmaladevi was at the material time on the pillion of a scooter which was driven by her husband Dilipkumar Along with the couple was their minor daughter Sonali aged about 6. The party was proceeding from Fatehganj camp to Haribhakti Colony that is to say from north to south. At that time bus No. GTE 4912 owned by the second respondent Gujarat State Road Transport Corporation and driven by the first respondent Gulamnabi approached from the Railway Station side that is to say from the eastern direction. The bus was proceeding towards the S. T. Depot which is in the nothern direction. At the traffic circle therefore it had to take a turn towards the right side. It appears that instead of going round the traffic circle the bus took a short turn on the right side and collided with the scooter coming from the opposite direction causing injuries to the appellant her husband and their minor daughter. The appellant sustained fracture of fibula and tibia of the right leg besides other injuries. She also sustained a fracture in the left leg as found on later investigation. She was taken to the S. S. G. Hospital at Baroda. At about 10-30 P. M. she was admitted in the hospital and discharged on April 5 1975 The appellants father Dr. S. S. Shah who was once upon a time serving as Civil Surgeon in the Madhya Pradesh Medical Service came down from Indore on the day next after the day of the accident. At the material time he was serving as Superintendent of Govindlal Seksaria Nursing Home at Indore after his superannuation. He took the appellant and her husband and child to Indore on April 6 1975 by a taxi. The appellant was treated there at her fathers house. Her left leg was in plaster upto August 1975 and the right leg was in plaster upto January 1976. She returned to Baroda on February 22 1976

(2.) In the meantime on September 25 1975 she instituted the claim application out of which this appeal arises in the Tribunal. In the claim application she made a claim for compensation in the sum of Rs. 25 0

(3.) The Tribunal found that the injuries complained of were sustained by the appellant during the course of the accident which occurred under the circumstances mentioned above. The Tribunal further found that the first respondent was driving the bus at the material time in the course of his employment and that the accident occurred on account of his rash and negligent Act. The Tribunal also found that on the facts and in the circumstances of the case the second respondent was vicariously liable to pay damages for the tortious act of its employee. The Tribunal then proceeded to assess the damages and awarded compensation under different sub heads as follows: