BHARAT PREMJIBHAI Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this case the claimant appellant is the injured person and the claim for compensation arose out of an accident which occurred on March 9 1972 at about 5-45 P.M. on the Main Road from Paldi to Vadilal Sarabhai Hospital in the city of Ahmedabad. The actual spot of accident was the place where the by lane from Madalpur meets the main road opposite the Vadilal Sarabhai Hospital. The appellant aged 15 at the material time was proceeding in the company of his brother Navin from Paldi to Vadilal Sarabhai Hospital side. A passenger bus run by the Ahmedabad Municipal Transport Service bearing No. G.T.A. 8580 was following the appellant and his brother and the said bus was at the material time driven by the second respondent. When the appellant reached the spot of accident the front left side of the bus hit the rear wheel of his cycle from behind. As a result of the collision the appellant fell down on the road and the two wheels of his cycle were crushed under the front left side wheel of the bus. The appellant himself sustained injuries as a result of the impact and a portion of his body was run over by the wheel of the bus. Briefly stated the injuries which the appellant received consisted of two contused lacerated wounds over the head and a contused lacerated wound on the sole of the right foot. The internal injury on the right foot consisted of a crack fracture. The appellant was immediately taken to the Vadilal Sarabhai Hospital where he was hospitalized in the first instance upto March 13 1972 It appears that as a result of some complication which resulted in pus formation on the site of the injury the appellant was again admitted in the Vadilal Sarabhai Hospital on March 23 1972 and he was an indoor patient till April 6 1972 Even after he was discharged from the hospital for the second time the appellant had to take treatment as an outdoor patient for a considerably long period and he developed a limp in the injured leg and other physical disabilities.

(2.) On July 26 1972 the appellant presented an application to the Tribunal to prosecute the accompanying claim application in forma pauperis The appellants request to prosecute the proceedings in forma pauperis was granted on April 27 1973 and the Claim Application was registered on the said date. In the Claim Application the appellant claimed total compensation in the sum of Rs. 38 33 together with costs and interest. The claim was split up under various heads as follows:

(3.) The Tribunal upon appreciation of evidence on record came to the conclusion that the bus in question was being plied at the material time by the second respondent in the course of his employment and that the accident occurred on account of his rashness and negligence. The Tribunal therefore held that both the respondents were jointly and seve- rally liable for the compensation awardable to the appellant. The Tribunal awarded an amount of Rs. 21 325 as compensation under the follow- ing heads: