SHAKUNTALA RAMESHCHANDRA SANT Vs. RAJENDRA D. THAKKAR

JUDGEMENT

(1.) PLAINTIFFS , in a claim for compensation arising out of a vehicular mishap, assail the quantum fixed by the trial court.

(2.) THE claim lodged by the appellants, who are the widow, children and the parents of the deceased Rameshchandra Sant, arises out of a collision which took place on 6.6.1974 between a car bearing registration No. GJE 5945 being driven at the time of the mishap by the deceased Rameshchandra and a truck bearing registration No. GJG 1751 owned by respondent No. 1 and being driven by defence witness No. 1, Babu Patel. The mishap took place at about 4.00 p.m. on the Bombay -Ahmedabad Road near Guljar village within the limits of village Charoli, Taluka Dahanu, District Thane. Appellant Nos. 5 and 6 are the parents of Rameshchandra, appellant No. 1 is the widow and appellant Nos. 2 to 4 are his children. At the time of the mishap Rameshchandra was in the employ of Atul Products Ltd. which company has its establishment at Atul -Valsad, in the State of Gujarat. The truck was insured for third party risk with the 2nd respondent. After the mishap Rameshchandra was taken to a local dispensary for first aid and subsequently shifted to two different hospitals at Bombay. The effort to save his life was in vain and Rameshchandra expired on 16.6.1974. At the time of his death Rameshchandra was 44 years old. Appellants gave a notice calling upon the respondents to pay compensation totaling Rs. 2,50,000/ - on various grounds. The notice not having yielded any result, a suit was filed in the court of the Civil Judge, Senior Division, Thane.

(3.) THE learned Civil Judge held that the collision between the two vehicles was on account of the negligence on the part of Rameshchandra as also Babu Patel. The extent of negligence was in the proportion of 25 per cent and 75 per cent respectively. Defendant No. 1 was liable to contribute towards the compensation claimed in the proportion of 75 per cent and in monetary terms this worked out Rs. 55,000/ - in all. The insurers were liable only to the extent of Rs. 50,000/ - from out of the compensation payable by defendant No. 1. The decree passed in confirmity with these findings is assailed in this appeal.