AMUL RAMESHCHANDRA GANDHI Vs. ABBASBHAI KASAMBHAI DIWAN

JUDGEMENT

(1.) * * * *

(2.) The claim for compensation arose out of an accident which occurred on July 10 1975 at about 11-45 A. M. behind Nyaya Mandir on the Madan Zampa Road in the city of Baroda. The appellant claimants who was at the material time aged about 12 was at that time returning from his school. Two of his friends accompanied him. The appellant was proceeding along the road from north to south. A truck bearing No. GTG 1100 which was proceeding in the same direction approached from behind and knocked down the appellant. The right foot of the appellant was crushed under the front left wheel of the vehicle. The appellant was immediately removed to the S.S.G. Hospital Baroda where on examinations it was found that as a result of the injuries the bones muscles and tissues of the right food were crushed. Operation was performed on the same day and the right foot of the appellant was amputated from above the ankle. The appellant was discharged from the hospital on July 31 1975 According to the evidence of the appellant as a result of the amputation he is required to use crutches. he has got an artificial leg prepared at Poona which he uses along with special shoes while going to the school. ... ... ... ... ... ... ... ... ...

(3.) The first question which arises for consideration is whether the Tribunals finding as to the contributory negligence of the appellant to the extent of 10% is just proper and legal. In dealing with this question it is required to be borne in mind that the appellant at the material time was aged about 12. He was therefore a child and not an adult person. In Halsburys Laws of England Third Edition Volume 28 paragraph 98 at page 93 are found the following observations which are relevant and which may therefore be quoted :