CHAMPALAL JAIN Vs. B P VENKATARAMAN

JUDGEMENT

(1.) THIS appeal arises out of Claims Tribunal, Madras. The Claims Tribunal (Chief judge, Court of Small Causes, Madras) awarded compensation in a sum of Rs. 10864-47 to the respondent herein, as he was involved in an accident which occurred at about 2 p. m. on 26-4-1962, the result being that he became a permanently disabled man.

(2.) THE claimant's (respondent herein) case before the Tribunal was that on the date of the accident i. e. , 26-4-1962, while he was coming from Raja Annamalai chettiar Road to Dasaprakash Hotel on the Poonamallee High road, the taxi suddenly knocked him down, inflicting severe injuries with the result that he was confined in a hospital for a period of ten months. Though the doctors treated him for his injuries, he was not able to move his limbs freely with the result he has now become a lame man. He, therefore, claimed compensation against the owner of taxi and also the Insurance company with whom the taxi has been insured. The question that was considered by the Tribunal was whether there was rash and negligent driving of the car by the driver. Evidence was adduced before the Tribunal that at 2 p. M. On 26-4-1962, the traffic constable stopped the taxi coming from Aminjikarai towards Central Station, opposite the Dasaprakash Hotel. He allowed the traffic emanating from Raja Annamalai Chettiar road towards aminjikarai. Then he stopped the traffic emanating from Raja Annamalai Chettiar road and allowed the main traffic, that is, vehicles proceeding from Aminjikarai to central station. The moment the traffic constable gave his release the taxi began to rush in and when it was proceeding towards Central station, the pedestrian, that is, the respondent herein, was knocked down with the result that he became a permanently disabled man.

(3.) THE learned counsel for the appellant contended before me that it is purely an accident, and that just a few minutes before the accident the taxi was stationary under the directions of the traffic constable. At the time the traffic constable gave the release order to proceed from the Poonamallee High road towards Aminjikarai he was travelling in a normal speed of about 20 miles an hour, and while he was proceeding towards Central station, the respondent herein suddenly emerged from raja Annamalai Chettiar Road with an umbrella and involved himself in an accident. Therefore neither the driver no the owner is responsible for this accident.