CHATURJI AMARJI Vs. AHMAD RAHIMBUX

JUDGEMENT

(1.) A college student was returning after playing a cricket match representing his college i. e. Deesa Commerce College against the Modasa College by an S. T. bus from Modasa to Ahmedabad. During the course of this journey on the 30th of September 1971 in an accident he lost his right forearm; and these two appeals arise out of the claim petition filed in this behalf by the said claimant. When the S. T. bus in which the claimant was travelling came near Rakhial a truck bearing No. GTE 2358 came from the opposite direction. Both the vehicles were on a narrow road asphalted portion whereof was only 12 with a Kutcha strip on either side of the width of 5 ft. The claimant was sitting in the last but one rear seat of the bus resting his right arm on a window railing and when the vehicles passed each other his forearm was severed from the point of elbow joint and was thrown out on the road. He claimed an amount of Rs. 80 0 from the opponents.

(2.) Opponent No. 1 Chaturji was the driver of the said truck. This truck was owned by Keshavlal opponent No. 2 and the same was insured by opponent No. 3 insurance company i. e. The Jupiter General Insurance Company Ltd. The S.T. bus was being driven by opponent No. 4 Shantilal Modi and it was owned by opponent No. 5 the State Road Transport Corporation.

(3.) M. A. C. T. Application No. 10 of 1972 filed by the claimant was tried by the Motor Accident Claims Tribunal Ahmedabad (Rural) at Narol and on the evidence led before him the learned Judge presiding over the said Tribunal. come to the conclusion that the accident happened because of rash and negligent driving on the part of the drivers of both the vehicles. He also held that the claimant was not guilty of any contributory negligence. He awarded a sum of Rs. 43 200 as and by way of economic loss and Rs. 15 0 as special damages for shock and mental agony which the claimant had undergone and was likely to undergo for the rest of his life. He held that both the drivers were equally responsible for the said accident and he ordered that they should pay Rs. 58 2001 in all with interest at 6% from the date of the petition till realisation. The liability between opponents Nos. 1 2 and 3 of the one set and Nos. 4 and 5 of the other set was apportioned in equal proportion i. e. Rs. 29 100 for opponents Nos. 1 2 3 and Rs 29 100 for the other set of opponents Nos. 4 and 5 who were jointly and severally responsible for their respective liabilities. He also ordered to pay costs of the claimant in the said proportion.