MAHARASHTRA STATE ROAD TRANSPORT Vs. MAGGAR GHAI DHILLON

JUDGEMENT

(1.) THE respondent herein was driving the taxi bearing No. MRS 3566 on 1st April, 1976, at about 5 a.m. The said taxi belongs to his father. He was proceeding from Jacob Circle to Bombay Central. At that time, S.T. bus No. MHQ 7004 came from Bombay Central side and dashed against the taxi causing heavy damage to the taxi and serious personal injuries to the respondent. The respondent, therefore, claimed Rs. 20,000/- by way of compensation for the personal injuries. The respondent alleged that the driver of the S.T. bus was rash and/or negligent in driving the said bus.

(2.) THE Court below came to the conclusion that the respondent has proved that he has suffered serious injuries and was entitled to get Rs. 25,909/- by way of compensation. However, as the respondent has restricted his claim to Rs. 20,000/-, the said claim came to be granted. The learned Judge also held that the driver of the S.T. bus was rash and negligent in driving the S.T. bus and was responsible for causing the accident. The said judgment and order dated 22nd October, 1982, passed by the learned Member, Motor Accidents Claims Tribunal, Greater Bombay, Bombay, in Application No. 1131 of 1976 is under challenge in this appeal.

(3.) THE learned Advocate for the appellant submitted that the respondent was having experience of only 10 months in driving the vehicle and, therefore, he cannot be said to be an expert or an experienced driver. However, in my opinion, this cannot mean that the respondent was negligent or cannot lead to any such inference. Further, there is nothing to show about the experience of the S.T. bus driver. The respondent has entered the witness--box at Exh. 7 and has stated that he used to drive the taxi of his father.